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CC 2018-09-10 Agendas
M RH NOKTH RICHLAND HILLS CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 MONDAY, SEPTEMBER 10, 2018 WORK SESSION: 6:00 PM Held in the City Council Work Room CALL TO ORDER 1. Discuss items from regular Council meeting. 2. Welcome and introduction - public official, public employee or citizen. EXECUTIVE SESSION The City Council may enter into closed Executive Session as authorized by Chapter 551, Texas Government Code. Executive Session may be held at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the city attorney (551.071) as to the posted subject matter of this City Council meeting. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. 1. Section 551.072: Deliberate the purchase, exchange, lease or value of real property - (1) 90 acres of improved and unimproved land identified as John M Crockett Survey bound by Mid Cities Boulevard on the south, Smithfield Road on the west, Mickey Street on the north and Davis Boulevard on the east, and (2) 7301 NE Loop 820. Monday, September 10, 2018 City Council Agenda Page 1 of 4 2. Section 551.074: Personnel matters to deliberate the employment, evaluation, and duties of public employees - City Secretary. 3. Section 551 .087: Deliberate regarding economic development negotiations - 90 acres of improved and unimproved land identified as John M Crockett Survey bound by Mid Cities Boulevard on the south, Smithfield Road on the west, Mickey Street on the north and Davis Boulevard on the east. REGULAR MEETING: Immediately following executive session (but no earlier than 7:00 p.m.) Held in the City Hall Council Chambers A. CALL TO ORDER A.1 INVOCATION - MAYOR PRO TEM BENTON A.2 PLEDGE - MAYOR PRO TEM BENTON A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) A.4 CITIZENS PRESENTATION An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. A.5 REMOVAL OF ITEM(S) FROM CONSENT AGENDA B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS B.1 Approve minutes of the August 27, 2018 regular City Council meeting. B.2 Approve Ordinance No. 3536, abandoning a water line easement in the Tandy K. Martin Survey and authorize the City Manager to execute a Quitclaim Deed and Hold Harmless Agreement with NRH SL Realty, LP. C. PUBLIC HEARINGS Monday, September 10, 2018 City Council Agenda Page 2 of 4 C.1 ZC 2018-17, Ordinance No. 3534, Public hearing and consideration of a request from Baird, Hampton & Brown for a zoning change from C-1 Commercial to NR-PD Nonresidential Planned Development at 8124 Boulevard 26, being 0.42 acres described as Lot 2, Block H, Richland Oaks Addition. C.2 ZC 2018-10, Ordinance No. 3535, Public hearing and consideration of a request from Hamilton Duffy, P.C., for a zoning change from AG Agricultural to R-2 Single-Family Residential at 7125 Douglas Lane, being 5.942 acres described as Tracts 2Z, 2Z1, 2J, and 2J1, John Condra Survey, Abstract 311. D. PLANNING AND DEVELOPMENT E. PUBLIC WORKS E.1 Consider Ordinance No. 3532 amending Section 54-166 of the Code of Ordinances to restrict parking on designated portions of Hawk Avenue in Hometown. F. GENERAL ITEMS F.1 Consider Ordinance No. 3530, adopting the tax rate for Tax Year 2018. F.2 Consider Ordinance No. 3531, adopting the 2018/2019 Proposed Budget and amending the 2017/2018 Revised Budget. F.3 Consider ratifying an increase in property tax revenues reflected in the Fiscal Year 2018/2019 adopted budget. F.4 Consider Resolution No. 2018-027, approving and ratifying the 2018 Certified Roll. F.5 Consider Ordinance No. 3529, renewing an electric franchise agreement with Oncor Electric Delivery Company G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA H. INFORMATION AND REPORTS - COUNCIL MEMBER LOMBARD H.1 Announcements Monday, September 10, 2018 City Council Agenda Page 3 of 4 I. ADJOURNMENT Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on Friday, September 7, 2018 by 3:00 PM. H "rb City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. Monday, September 10, 2018 City Council Agenda Page 4 of 4 MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 10, 2018 SUBJECT: Discuss items from regular City Council meeting. PRESENTER: Mark Hindman, City Manager SUMMARY: The purpose of this item is to allow City Council the opportunity to discuss any item on the regular agenda. GENERAL DESCRIPTION: The purpose of this standing item is to allow City Council the opportunity to inquire about items that are posted for discussion and deliberation on the regular City Council agenda. City Council is encouraged to ask staff questions to clarify and/or provide additional information on items posted on the regular or consent agenda. City Council may also elect to move items from the regular agenda to the consent agenda upon receiving clarification from staff on posted regular agenda items. MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 10, 2018 SUBJECT: Welcome and introduction - public official, public employee or citizen. PRESENTER: Mark Hindman, City Manager SUMMARY: Introduction of public official, public employee or citizen in attendance at the meeting. GENERAL DESCRIPTION: The purpose of this item is to provide City staff or City Council the opportunity to recognize and introduce a public official, public employee or citizen in attendance at the meeting. MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 10, 2018 SUBJECT: Approve minutes of the August 27, 2018 regular City Council meeting. PRESENTER: Alicia Richardson, City Secretary SUMMARY: The minutes are listed on the consent agenda and approved by majority vote of Council at the City Council meetings. GENERAL DESCRIPTION: The City Secretary's Office prepares action minutes for each City Council meeting. The minutes for the previous meeting are placed on the consent agenda for review and approval by the City Council, which contributes to a time efficient meeting. Upon approval of the minutes, an electronic copy will be uploaded to the City's website. RECOMMENDATION: Approve the minutes of the August 27, 2018 regular City Council meeting. MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL 4301 CITY POINT DRIVE AUGUST 27, 2018 WORK SESSION CALL TO ORDER The City Council of the City of North Richland Hills, Texas met in work session on the 27th day of August at 5:31 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Mike Benton Mayor Pro Tern Tito Rodriguez Council, Place 1 Rita Wright Oujesky Council, Place 2 Tom Lombard Council, Place 3 Brent Barrow Council, Place 4 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 Staff Members: Mark Hindman City Manager Karen Bostic Assistant City Manager Paulette Hartman Assistant City Manager Mike Curtis Managing Director Alicia Richardson City Secretary Maleshia B. McGinnis City Attorney 1. DISCUSS ITEMS FROM REGULAR CITY COUNCIL MEETING. Council had no questions for staff. Mayor Trevino announced that he would be abstaining from item D.1, FP 2018-05 due to a conflict of interest. His wife owns property adjacent to the request. 2. WELCOME AND INTRODUCTION - PUBLIC OFFICIAL, PUBLIC EMPLOYEE OR CITIZEN. There was no one present to introduce. EXECUTIVE SESSION August 27, 2018 City Council Meeting Minutes Page 1 of 11 1. SECTION 551.074: PERSONNEL MATTER TO DELIBERATE THE EMPLOYMENT, EVALUATION, AND DUTIES OF PUBLIC EMPLOYEES - CITY SECRETARY AND MUNICIPAL COURT ADMINISTRATOR. 2. SECTION 551.072: DELIBERATE THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY - 7901 BOULEVARD 26 Mayor Trevino announced at 5:32 p.m. that the Council would adjourn into Executive Session as authorized by Chapter 551 of the Texas Government Code, specifically Section 551.072: Deliberate the purchase, exchange, lease or value of real property - 7901 Boulevard 26 and Section 551.074: Personnel matters to deliberate the employment, evaluation, and duties of public employees - (1) City Secretary and (2) Municipal Court Administrator. Executive Session began at 5:37 p.m. Mayor Trevino recessed Executive Session at 6:31 p.m. REGULAR MEETING A. CALL TO ORDER Mayor Trevino called the meeting to order August 27, 2018 at 7:03 p.m. Present: Oscar Trevino Mayor Mike Benton Mayor Pro Tern Tito Rodriguez Council, Place 1 Rita Wright Oujesky Council, Place 2 Tom Lombard Council, Place 3 Brent Barrow Council, Place 4 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 Staff Members: Mark Hindman City Manager Alicia Richardson City Secretary Maleshia B. McGinnis City Attorney A.1 INVOCATION Council member Wright Oujesky gave the invocation. A.2 PLEDGE Council member Wright Oujesky led the pledge of allegiance to the United States and Texas flags. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) August 27, 2018 City Council Meeting Minutes Page 2 of 11 There were no items for this category. A.4 CITIZENS PRESENTATION There were no requests to speak from the public. A.5 REMOVAL OF ITEM(S) FROM CONSENT AGENDA No items were removed from the consent agenda. B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS APPROVED A MOTION WAS MADE BY COUNCIL MEMBER LOMBARD, SECONDED BY COUNCIL MEMBER TURNAGE TO APPROVE THE CONSENT AGENDA. MOTION TO APPROVE CARRIED 7-0. B.1 APPROVE MINUTES OF THE REGULAR AUGUST 13, 2018 CITY COUNCIL MEETING. B.2 AP 2018-03 CONSIDERATION OF A REQUEST FROM JBI PARTNERS, INC., FOR AN AMENDED PLAT OF HOMETOWN CANAL DISTRICT PHASE 5A, BEING 0.755 ACRES LOCATED IN THE 8700 BLOCK OF ICE HOUSE DRIVE. B.3 AP 2018-04 CONSIDERATION OF A REQUEST FROM JBI PARTNERS, INC., FOR AN AMENDED PLAT OF HOMETOWN CANAL DISTRICT PHASE 513, BEING 3.984 ACRES LOCATED SOUTHEAST OF THE INTERSECTION OF ICE HOUSE DRIVE AND BRIDGE STREET. B.4 CONSIDER AWARD OF BID NUMBER 18-009 TO DOUBLE D CONTRACTING FOR CONSTRUCTION OF A FIRE MAINTENANCE AWNING (FC1803) AT 6110 DICK FISHER DR. WEST, IN THE AMOUNT OF $59,750.00. B.5 APPROVE THE PURCHASE OF 50 DELL PERSONAL COMPUTERS AND 20 DELL MONITORS IN THE AMOUNT OF $49,960 THROUGH A TEXAS DEPARTMENT OF INFORMATION RESOURCES COOPERATIVE CONTRACT. B.6 AUTHORIZE THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT BETWEEN NORTH RICHLAND HILLS AND THE CITY OF VERNON FOR REIMBURSEMENT OF OVERTIME SALARY COSTS ASSOCIATED WITH THE NORTH TEXAS ANTI-GANG CENTER TASK FORCE August 27, 2018 City Council Meeting Minutes Page 3 of 11 B.7 CONSIDER RESOLUTION NO. 2018-025, AUTHORIZING SUBMISSION OF THE GRANT APPLICATION FOR THE CLEAN FLEETS NORTH TEXAS 2018 GRANT PROGRAM. C. PUBLIC HEARINGS C.1 ZC 2018-19, ORDINANCE NO. 3528, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM DOUG AND ELIZABETH MANN FOR A ZONING CHANGE FROM AG AGRICULTURAL TO R-1-S SPECIAL SINGLE-FAMILY AT 8025 VALLEY DRIVE, BEING 2.26 ACRES DESCRIBED AS TRACT 1 B12, STEPHEN RICHARDSON SURVEY, ABSTRACT 1266. APPROVED Mayor Trevino opened the public hearing and called on Planning Manager Clayton Comstock to introduce the item. At the request of staff, Mayor Trevino opened the public hearing for item C.2, Ordinance No. 3527 and staff presented both items together. Mr. Comstock informed Council the applicant is requesting a zoning change for 2.26 acres located at 8025 Valley Drive for the purpose of constructing a secondary living unit and metal barn. The area is designated on the Comprehensive Land Use Plan as low density residential and the current zoning is Agricultural. The companion item, C2, is a special use permit for a secondary living unit and metal accessory building. Mr. Comstock presented site photos of the property. Applicant representative Doug Mann, 8025 Valley Drive, presented request. His primary residence was built in 1974 and he has not been able to locate brick that matches his house. His desire is to construct the secondary living unit to closely resemble the primary residence. The secondary living unit and metal barn will not be in full view from the street. The secondary living unit will be not be visible by neighbors, due to an existing barn (neighbor) and landscaping and a berm. The proposed barn will be located behind his neighbor's existing RV storage. He seeks a waiver of the masonry requirement for the accessory building. He commented there are no masonry accessory buildings in the neighborhood. In response to Council member Lombard's question, Mr. Mann informed Council he is requesting to provide 46% masonry because he is not able to locate brick that matches his primary residence. If he were able to locate the brick he would not request the waiver. He is concerned the non-matching brick would devalue his property. The proposed design with wainscot and concrete will allow him to paint the house to closely resemble the primary structure. August 27, 2018 City Council Meeting Minutes Page 4 of 11 Mr. Comstock presented staffs report for items CA (zoning change) and C.2 (special use permit). The applicant is requesting 1,535 square feet floor area for the unattached secondary living unit to be constructed 85 feet from the main house. The request seeks 46% masonry and 54% siding. The development standards provide for a maximum total floor area of 650 square feet, compliance with 85% masonry on all elevations, and secondary living unit to be no more than 25 feet from the main house and attached by a breezeway at least six feet wide and attached to roofline. The proposed permanent accessory building is smaller than the existing building. The request is for a 900 square feet barn with a 16' overall height and metal exterior walls. The Planning and Zoning Commission, at their August 16, 2018 meeting, recommended approval of the special use permit with a vote of 4-0, with the stipulation the secondary living unit have 85% masonry and the accessory building include 4' height masonry wainscot with remaining wall area to be metal. Mr. Comstock informed Council the ordinance for the special use permit before them this evening has been amended to include the 85% masonry requirement. Council member Lombard clarified Ordinance No. 3527 included the wainscot as stipulated by the Planning and Zoning Commission. Mr. Comstock verified the ordinance includes the 85% masonry requirement for the secondary living unit and the 4' height wainscot for the accessory building (barn). Mayor Trevino asked if anyone completed a form for the public hearing. City Secretary Alicia Richardson announced that John Albury and Donna Albury residing at 8024 Valley View Drive did not wish to speak, but are in support of the request/application. Mayor Trevino asked if there was anyone else wishing to speak to come forward. There being no one else wishing to speak, Mayor Trevino closed the public hearing for items CA and C.2. A MOTION WAS MADE BY MAYOR PRO TEM BENTON, SECONDED BY COUNCIL MEMBER RODRIGUEZ TO APPROVE ORDINANCE NO. 3528. MOTION TO APPROVE CARRIED 7-0. C.2 SUP 2018-06, ORDINANCE NO. 3527, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM DOUG AND ELIZABETH MANN FOR A SPECIAL USE PERMIT FOR A SECONDARY LIVING UNIT AND A METAL ACCESSORY BUILDING AT 8025 VALLEY DRIVE, BEING 2.26 ACRES DESCRIBED AS TRACT 1612, STEPHEN RICHARDSON SURVEY, ABSTRACT 1266. APPROVED This item and public hearing was held in conjunction with item. C.1 August 27, 2018 City Council Meeting Minutes Page 5 of 11 Mayor Pro Tem Benton commented on the number of requests received to date for accessory buildings, with the most recent being located in the same neighborhood. A MOTION WAS MADE BY COUNCIL MEMBER LOMBARD, SECONDED BY COUNCIL MEMBER BARROW TO APPROVE ORDINANCE NO. 3527. MOTION TO APPROVE CARRIED 6-1, WITH MAYOR PRO TEM BENTON, COUNCIL MEMBERS RODRIGUEZ, LOMBARD, BARROW, TURNAGE AND WELCH VOTING FOR AND COUNCIL MEMBER WRIGHT OUJESKY VOTING AGAINST. C.3 ZC 2017-08, ORDINANCE NO. 3525, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM JR ROSE ARCHITECTURE FOR A ZONING CHANGE FROM AG AGRICULTURAL TO RI-PD RESIDENTIAL INFILL PLANNED DEVELOPMENT AT 9000 KIRK LANE, BEING 5.944 ACRES DESCRIBED AS TRACTS 15A3, 15A3A, AND 15A8, STEPHEN RICHARDSON SURVEY, ABSTRACT 1266. (CONTINUED FROM THE AUGUST 13, 2018, CITY COUNCIL MEETING) Mayor Trevino announced this item and public hearing was postponed at the August 13, 2018 City Council meeting to this evening. The city received written notice from the applicant formally withdrawing their request. There being no further action from Council, Mayor Trevino closed the public hearing. Mayor Trevino announced that City Council would move to item D.1 D.1 FP 2018-05 CONSIDERATION OF A REQUEST FROM NRH HILLSIDE VILLAS, LTD., FOR A FINAL PLAT OF HILLSIDE VILLAS, BEING 6.8416 ACRES LOCATED AT AT THE SOUTHEAST CORNER OF MID-CITIES BOULEVARD AND HOLIDAY LANE. APPROVED Mayor Trevino announced that he has a conflict of interest and would not participate in item D.1. His wife owns property adjacent to the request. He has completed and filed a conflict of interest affidavit with the city secretary. Mayor Trevino left the podium at 7:35 p.m. Mayor Pro Tern Benton called on Planning Manager Clayton Comstock to introduce the item. Mr. Comstock informed Council the applicant is requesting approval of a final plat for 6.8416 acres located at the southeast corner of Mid Cities Boulevard and Holiday Lane. August 27, 2018 City Council Meeting Minutes Page 6 of 11 The area is designated on the Comprehensive Land Use Plan as neighborhood service and the current zoning is residential infill planned development. Mr. Comstock presented site photos of the property. Applicant representative Collier Bailey, 8214 Westchester, Dallas, Texas presented request. The final plat incorporates the changes approved by City Council at their August 13, 2018 meeting. The planned development was revised to accommodate a revision to the eastern boundary retaining wall as suggested by their engineer to improve the structure. Council had no questions for the applicant. Mr. Comstock presented staffs report. The Planning and Zoning Commission, at their August 16, 2018 meeting, recommended approval with a vote of 4-0. Council had no questions for staff. A MOTION WAS MADE BY COUNCIL MEMBER WELCH, SECONDED BY COUNCIL MEMBER BARROW TO APPROVE FP 2018-05. MOTION TO APPROVE CARRIED 7-0. CA CONDUCT A PUBLIC HEARING ON FISCAL YEAR 2017/2018 REVISED BUDGET AND FISCAL YEAR 2018/2019 PROPOSED BUDGET. Mayor Trevino returned to the dais at 7:40 p.m. Mayor Trevino opened the public hearing and called on City Manager Mark Hindman to introduce item. Mr. Hindman informed Council the budget presented for their consideration is a balanced budget. The proposed expenditures are 3% less than the expenditures from previous year. The 2018/2019 budget provides staffing for a fourth ambulance, two patrol officers and increased funding for street maintenance and traffic system. The budget includes a small increase in water and sewer rates to replace aging water and sewer infrastructure. The drainage utility fee, which has not been increased since 1991, is proposed to be increased to $5.50 per month to address drainage and flooding within the city. Following the budget video, Director of Budget and Research Robert Myers provided an overview of the proposed operating budget. The $48.36 million proposed budget is 59% dedicated towards public safety, which includes police, fire and emergency August 27, 2018 City Council Meeting Minutes Page 7 of 11 management. As outlined by Mr. Hindman, the expenditures include: two (2) full time police officers; six (6) full tine fire fighters; additional funding for street maintenance; market based public safety compensation; continued funding for the Neighborhood Initiative Program; and non-public safety compensation and benefits. Mr. Myers also reviewed the proposed 2018/2019 special revenue funds, enterprise funds, and capital budget. Following this public hearing, the vote on the proposed 2018/2019 budget and 2017/2018 revised budget will be taken on Monday, September 10 at 7:00 p.m. during the regularly scheduled City Council meeting. Mayor Trevino asked if anyone completed a form for the public hearing. There being no forms submitted to the City Secretary, Mayor Trevino asked if there was anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. C.5 CONDUCT A PUBLIC HEARING ON THE TAX YEAR 2018 (FISCAL YEAR 2018/2019) PROPOSED TAX RATE. Mayor Trevino opened the public hearing and called on Director of Budget and Research Robert Myers to introduce the item. Mr. Myers informed Council the public hearing tonight is the first of two public hearings to set the tax rate to support the fiscal year 2018/2019 proposed budget. The public hearing was advertised in accordance with state law on the city's website and in the Fort Worth Star Telegram. The proposed tax rate is a 1/2 cent less than the previous year. This the second year the city has lowered the tax rate. The city offers a number of exemptions--homestead, senior citizen/disabled person, and senior tax ceiling--for residents. Citizens receiving a senior or disabled person tax ceiling will not see an increase in property taxes than in the prior year unless a new home was purchased or they have added on to their existing home. Currently, approximately 25.9% of all single family residences receive the tax ceiling. The city's property tax rate accounts for approximately 22.2% of the total tax rate before factoring in exemptions and the senior tax ceiling. The majority of the total property tax rate goes to the school district (55.2%) and Tarrant County (22.6%). Mayor Trevino commended staff for lowering the tax rate while maintaining services. Mayor Trevino asked if there was anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. Mayor Trevino announced the next public hearing for the tax rate will be held on September 5, 2018 in the Council Chambers at 7:00 p.m. City Council will vote on the tax rate on September 10, 2018. D. PLANNING AND DEVELOPMENT August 27, 2018 City Council Meeting Minutes Page 8 of 11 FP 2018-05 CONSIDERATION OF A REQUEST FROM NRH HILLSIDE VILLAS, LTD., FOR A FINAL PLAT OF HILLSIDE VILLAS, BEING 6.8416 ACRES LOCATED AT AT THE SOUTHEAST CORNER OF MID-CITIES BOULEVARD AND HOLIDAY LANE. City Council took action on this item earlier in the evening. E. PUBLIC WORKS There were no items for this category. F. GENERAL ITEMS F.1 CONSIDER ORDINANCE NO. 3529, RENEWING AN ELECTRIC FRANCHISE AGREEMENT WITH ONCOR ELECTRIC DELIVERY COMPANY. APPROVED Assistant City Manager Karen Bostic presented item. Council had no questions for staff. A MOTION WAS MADE BY COUNCIL MEMBER WELCH, SECONDED BY COUNCIL MEMBER TURNAGE TO APPROVE ORDINANCE NO. 3529. MOTION TO APPROVE CARRIED 7-0. G. EXECUTIVE SESSION Mayor Trevino announced that City Council may take action on this item later in the meeting. He moved to announcements. H. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Council member Rodriguez made the following announcements. City Hall and other non-emergency City offices will be closed on Monday, September 3, in observance of the Labor Day Holiday. The Animal Adoption & Rescue Center, Library, Tennis Center and Senior Center will also be closed. NRH2O, the NRH Centre and Iron Horse Golf Course will be open. Garbage and recycling will not be collected. Monday collections will shift to Tuesday and Tuesday collections will be picked up on Wednesday. Join us next week for Round the Town with Oscar. The monthly bike ride will be on August 27, 2018 City Council Meeting Minutes Page 9 of 11 Tuesday, September 4, at 6:30 p.m. starting from Cross Timbers Park. The monthly walk is Thursday, September 6, starting at 6:15 p.m. at City Hall. You can find more information on the city's website or by calling the Parks Department. Everyone is invited to walk with us in the Tarrant County Heart Walk on Saturday, September 8. This annual event supports the American Heart Association's efforts to build healthier lives, free of cardiovascular disease and stroke. Please visit the city's website for more information. Kudos Korner - Jody Anderson, Human Resources - An employee who endured a serious illness wanted to thank Jody for her exceptional service, compassion and kindness. Jody was extremely helpful in helping with health insurance issues. It far exceeded anything she was expecting and was very much appreciated, she said. Mayor Trevino announced at 8:15 p.m. that the City Council would reconvene into Executive Session as authorized by Chapter 551 of the Texas Government Code, specifically Section 551.074: Personnel matters to deliberate the employment, evaluation, and duties of public employees - (1) City Secretary and (2) Municipal Court Administrator. Executive Session began at 8:16 p.m. Mayor Trevino adjourned Executive Session at 8:49 p.m. G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA APPROVED Mayor Trevino reconvened the meeting at 8:50 p.m., with the same members present. Mayor Trevino announced the City Council evaluated Municipal Court Administrator Rebecca Vinson during Executive Session. Pursuant to the personnel contract with Rebecca Vinson, he would entertain a motion regarding evaluation and salary increase. A MOTION WAS MADE BY COUNCIL MEMBER WRIGHT OUJESKY, SECONDED BY COUNCIL MEMBER TURNAGE TO APPROVE THE EVALUATION OF MUNICIPAL COURT ADMINISTRATOR AND 4% INCREASE IN SALARY. MOTION TO APPROVE CARRIED 7-0. I. ADJOURNMENT Mayor Trevino adjourned the meeting at 8:51 p.m. August 27, 2018 City Council Meeting Minutes Page 10 of 11 Oscar Trevino, Mayor Alicia Richardson, City Secretary August 27, 2018 City Council Meeting Minutes Page 11 of 11 MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 10, 2018 SUBJECT: Approve Ordinance No. 3536, abandoning a water line easement in the Tandy K. Martin Survey and authorize the City Manager to execute a quitclaim deed and hold harmless agreement with NRH SL Realty, LP. PRESENTER: Caroline Waggoner, City Engineer SUMMARY: The City Council is being asked to approve an ordinance abandoning a water line easement in the Tandy K. Martin Survey and authorize the City Manager to execute a quitclaim deed and hold harmless agreement with NRH SL Realty, LP. GENERAL DESCRIPTION: When Lots 1 & 2 of the Amundson Addition were developed and the infrastructure installed in the year 2005, a water main was constructed across the property to provide a looped water system to the entire block. The western portion of the block which contains the water main remained undeveloped until 2017 when the Stone Creek project was approved by City Council on the remainder of the Amundson Addition. The alignment of the original water main was not compatible with the proposed land use, and so the developer proposed to construct a new water main. The original water line easement for this main extension was dedicated by separate instrument: D205157048 in the Public Records of Tarrant County, Texas (P.R.T.C.T.). At this time a new water main has been constructed in an alternate alignment, and the old water main has been abandoned. The final plat for the Amundson Addition (Block A, Lots 3-6) was approved by City Council on August 28, 2017. This plat includes a water line easement to house the new water line alignment, and will be filed with Tarrant County as soon as this abandonment is complete. RECOMMENDATION: Approve Ordinance No. 3536 ORDINANCE NO. 3536 AN ORDINANCE VACATING AND ABANDONING IN-PLACE A WATER LINE EASEMENT PREVIOUSLY CONVEYED TO THE CITY; DECLARING THAT SUCH EASEMENT IS NO LONGER NEEDED FOR USE BY THE PUBLIC; AUTHORIZING THE CITY MANAGER TO EXECUTE A QUITCLAIM DEED RELEASING AND ASSIGNING THE EASEMENT TO THE OWNER OF THE FEE ESTATE; PROVIDING A SEVERABILTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas ("the City") is a home rule city acting under its power adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, on or about June 2nd, 2005, a water line easement was granted to the City, which such easement is filed of record as Instrument No. D205157048 of the Tarrant County Deed Records; and WHEREAS, a Developer is proposing to install a new water line and is requesting that the existing water line (depicted and described in Exhibit "A" herein) be filled with flowable fill, capped, and abandoned in place, and after careful study and consideration, the City Council has determined that the public would be better served and benefited by vacating and abandoning the existing easement; and WHEREAS, in order to remove any question as to the continued interest in the easement or the City's intention to relinquish its rights in the easement, the City desires to execute a quitclaim deed releasing and assigning all title and control in said easement to the owners of the fee estate on which the easement is located. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1: The City Council hereby finds the recitals above to be true and correct, and such recitals are hereby incorporated into this Ordinance as if written herein. SECTION 2: The City Council finds that the public would be better served and benefited by the vacation and abandonment of the waterline easement conveyed to the City on or about June 2, 2005 filed of record as Instrument No. D205157048 of the Tarrant County Deed Records, and as shown and described on Exhibit "A" attached hereto and incorporated herein. The NRH Ordinance No. 3536 Page 1 of 3 existing easement to be abandoned is shown and depicted on Exhibit "B SECTION 3: The purpose of vacating and abandoning the existing easement is to support future development to construct, install, operate, and maintain a new water line to replace the existing line, such new line being shown and depicted on Exhibit "C." SECTION 4: The City Council finds that the existing easement that is to be abandoned is no longer needed for public use. SECTION 5: The City Manager of the City of North Richland Hills, Texas, is hereby authorized and empowered to execute a quitclaim deed releasing all claims to title, ownership, or control of a portion of the above-described easement to the current owner of the fee estate on which the easement is located, and a hold harmless agreement in which the City is released from all liability related to the abandonment of the easement. SECTION 6: The current owner of the fee estate shall agree to release the City from any and all liability and agree to hold the City harmless from any and all claims for damages or loss of any kind, for any reason, for any and all activities, whether real or asserted, resulting on the property, arising out of or in connection with the abandoned easement, such agreement shall be executed and attached hereto as Exhibit "D." Release of this easement shall run with the land and be binding on all successors and assigns of the fee estate. SECTION 7: Upon execution of the quitclaim deed and the hold harmless agreement, the City Secretary is authorized and instructed to file this ordinance along with the quitclaim deed in the deed records of Tarrant County, Texas. SECTION 8: This Ordinance shall be cumulative of all provisions of the Code of Ordinances of the City of North Richland Hills, exceptwhere the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 9: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances in the Code of Ordinances of the City of North Richland Hills that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. NRH Ordinance No. 3536 Page 2 of 3 SECTION 10: It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 11: This Ordinance shall be in full force and effect from and its passage. AND IT SO ORDAINED. PASSED AND APPROVED on this 10th day of September, 2018. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia B. 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Q) 4-J Ln -------------- -1 r l' '117 HOLD HARMLESS AGREEMENT This Hold Harmless Agreement ("Agreement") is entered into by and between the City of North Richland Hills, Texas ("City"), a Texas home-rule City, and NRH SL Realty, L,P ("Developer"), a Texas Limited Corporation, individually referred to as a "party" and collectively referred to as the "parties." RECITALS On or about June 2, 2005, a water line casement (the "Easement") was granted to the City, which such easement is filed of record as Instrument No. D205157048 of the "Tarrant County Plat Records. By Ordinance No. approved on .................... the City Council vacated and abandoned in place a portion of the. Easement and determined that the public would be better served and benefited by relinquishing its right to a portion of the Easement and releasing and assigning, by quitclaim deed, all title and control in a portion of the Easement to Developer, who is the owner of the fee estate on which the Easement is located. Developer is proposing to install a new water line to service the affected area by the abandoned easement. The Developer has agreed to release the City from all liability related to the vacating and abandonment of the Easement. AGREEMENT 1. The parties acknowledge and agree that the City has agreed to abandon the Easement for the purpose of allowing Developer to install a new water line to service the development that will be affected by abandonment of the Easement. 2. The Easement to be abandoned shall be abandoned in-place, and in accordance with industry standards and best practices, Developer shall abandon water line in place, Fill with flowable fill, and cap water line to be abandoned to prevent any further use. Upon completion, and inspection by the City, such portion of the Basement shall be considered abandoned. 3. Developer shall pay all costs and expenses associated with or related to abandoning the Easement in-place and installation of a new water line. 4. DEVELOPER HEREBY AGREES TO FOREVER RELEASE THE CITY FROM ANY AND ALL LIABILITY RELATED TO THE ABANDONING IN PLACE OF THE EASEMENT AND INSTALLATION OF A NEW WATER LINE. Hold Harmless less Agreemel A Page I of 3 ............. DEVELOPER FURTHER AGREES TO HOLD THE CITY, ITS OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES, HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES OR LOSS OF ANY KIND, FOR ANY REASON, FOR ANY AND ALL ACTIVITIES, WHETHER REAL OR ASSER'T'ED, RESULTING ON THE PROPER'T'Y, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE ABANDONED EASEMENT OR THE NEW WATER LINE. 5. This covenant and condition shall run with the land and be binding on all successors and assigns of the fee estate. ACCEPTED AND AGREED: CITY OF NORTH RICHLAND HILLS: NRH SL REALTY, LP, DEVELOPER,: By' -- B - ' Mark Hindman, City Manager Nick Craig, Vice President Date: Date: .. / .13__....__...._............... ATTEST: Alicia Richardson, City Secretary APPROVED TO FORM AND LEGALITY: Maleshia Fanner, City Attorney [Remainder of page intentionally left blank] AC'KNOWLEDGMEN'T THE STATE OF TEXAS § Hold Harmless Agreement Page 2 of 3 COUNTY OFTARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Mark Hindman, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed and on behalf of the City of North Richland Hills, a municipal corporation of Tarrant County, Texas, for the purposes and consideration therein expressed. GIVFN UNDER MY HAND AND SEAL OF OFFICE, this day of --------------------------------------------- ....... ................... NOTARY PUBLIC, STATE OF TEXAS Printed Name: My Commission Expires: ...... THE STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority, on this day personally appeared Nick Craig, known to me to be the person whose name is Subscribed to the foregoing instrument and acknowledged to me that the same is the act ofNRH SL Realty, LP, and that he executed the same as the act of NRI I St, Realty, LP, for the purposes and considerations expressed in the foregoing instrument. G ,kV/1'N UNDER MY HAND ND AND SFAI C FFICF, this _4 of 20 t . N JA UI f I ST T OJ `XAS Printed Name:: i AFTER RECORDING RETURN TO: Alicia Richardson, City Secretary City of North Richland Hills MARISELA ZACAMAS 4301 City Point Drive = Notary 11)1131471 101 My cornms�ion Exni,ps North Richland I lills, Texas 76180 Ma,ch 1,2022 I fold I larniless Agreement Page 3 of 3 QUITCLAIM DEED STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That the City Council of the City of North Richland Hills, County of Tarrant, State of Texas, after careful study and consideration, has determined that the easement shown and described in Exhibit A, attached hereto and incorporated herein which was conveyed to the City on or about June 2, 2005 and filed of record as Instrument No. D D205157048 of the Tarrant County Deed Records, that the public would be better served and benefitted by vacating and abandoning the existing easement to support future development to construct, install, operate and maintain a new water line to replace the existing line. Therefore, said easement constitutes a public charge without a corresponding public benefit, and the public would be better served and benefited by vacation and abandonment of the easement. For and in consideration of the above findings and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City of North Richland Hills ("Grantor"), does hereby bargain, sell, release, vacate, abandon and forever quitclaim unto NRH SL Realty, LP, and its successors and assigns, including subsequent mortgagees, or fee simple owners of the property subject to the easement, all of Grantor's right, title, and interest, if any, in and to the following described real property situated in Tarrant County, Texas, to wit: A portion of the property shown and described on Exhibit A attached hereto and incorporated herein, such property also being a water line easement conveyed to the City, an easement filed of record as Instrument No. D D205157048 of the Tarrant County Deed Records. Grantor conveys all of its right, title and interest, if any, in and to the above described real property unto the said Grantee, its heirs and assigns forever, so that neither Grantor nor its successors or assigns shall have, claim of demand any right or title to the aforesaid property. Executed this the 101h day of September, 2018. CITY OF NORTH RICHLAND HILLS By: Mark Hindman, City Manager ATTEST: Alicia Richardson, City Secretary ACKNOWLEDGMENT Before me, the undersigned authority, on this day personally appeared Mark Hindman, City Manager of the City of North Richland Hills, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of 12018. Notary Public in and for the State of Texas My Commission expires: Return to: City Secretary City North Richland Hills 4301 City Point Drive North Richland Hills, Texas 76180 P41tH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 10, 2018 SUBJECT: ZC 2018-17, Ordinance No. 3534, Public hearing and consideration of a request from Baird, Hampton & Brown for a zoning change from C-1 Commercial to NR-PD Nonresidential Planned Development at 8124 Boulevard 26, being 0.42 acres described as Lot 2, Block H, Richland Oaks Addition. PRESENTER: Clayton Comstock, Planning Manager SUMMARY: On behalf of Marcus Cable Associates LLC, Baird, Hampton & Brown is requesting a zoning change from C-1 Commercial to NR-PD Non-Residential Planned Development on 0.42 acres located at 8124 Boulevard 26. GENERAL DESCRIPTION: The 18,080-square-foot site under consideration is located on the southeast side of Boulevard 26, between Wyoming Trail and Eldorado Drive and adjacent to Riscky's Barbeque. The site is developed as a data hub/equipment shelter building for Marcus Cable. The site has been in use since approximately 1998. A complete site plan package for the proposed building is attached. During Development Review Committee (DRC) review of the site plan, it was noted that several design and development standards would apply to the site due to the extent of the proposed construction. The existing building is approximately 712 square feet in area. The owner proposes to expand the building by 720 square feet, which would result in a total building area of 1,432 square feet. The zoning ordinance and other city codes provide thresholds based on building improvement value or expansions for determining the applicability of certain design and development standards for existing buildings. Based on the increase in floor area of the building (101%), compliance with the following standards are required as part of the improvements to the property. 1*4R.H NORTH RICHLAND HILLS Outdoor lighting 50%of current TAD appraised value of the Sec. 118-728 improvement Nonresidential construction Addition that increase the floor Sec. 118-691 area by 30%or more ........... ........ ............ 75%of current TAD appraised value of the Landscaping improvement Sec. 114-71 Based on the nature of the use, the owner submitted an application to rezone the property to a Nonresidential Planned Development (NR-PD) in order to seek waivers of these requirements and allow the construction as proposed. The application for rezoning to the NR-PD district provides an opportunity to consider modifications to specific site development and building design standards for the site. These items are described in more detail below. All other development standards have been satisfied. Outdoor lighting The photometric plan included in the site plan indicates the proposed improvements are compliant with the outdoor lighting standards. Any existing non-conforming luminaires on the building must be replaced with conforming fixtures. Building design The proposed building design does not technically conform to the architectural standards contained in the zoning ordinance. The DRC acknowledges that the proposed design is consistent with the building style of similar types of facilities. However, given the building's prominent location on Boulevard 26 and the increase in size of the structure, the appearance of the building could be modified to bring it closer to compliance with the design standards. These standards include building materials, articulation, ornamentation, and conservation standards. Design options provided as part of the review include adding a brick or stone veneer that includes faux window patterns and a tri-partite appearance, variation in the roofline, and awnings over entry doors. As part of the planned development request, the applicant is requesting approval of the proposed design, which would allow the addition to the building to match the existing structure. z ��>�.rf3r�F�nT�oh 1*41kH NORTH RICHLAND HILLS Landscaping Since the building is primarily unoccupied, the landscape plan included with the site plan proposes an alternative design for the property. The design includes drought-tolerant plants adjacent to the front of the building addition, including eight Texas Sage shrubs and two Desert Willow ornamental trees. However, the plan does not include screening shrubs adjacent to Boulevard 26. A masonry screening wall is already constructed on the rear property line adjacent to residential uses. The three trees required in the buffer yard setback would be planted as part of the site improvements. The applicant is requesting approval of the alternative plan as part of the planned development. DRC recommendation The Development Review Committee recommendation to the Planning and Zoning Commission was for denial of the zoning change. The recommendation was based on prior direction provided from Planning and Zoning Commission and City Council regarding the appearance of major roadway corridors within the city. The proposed expansion of the building would double the size of the structure. Given the property's prominent location on Boulevard 26 and the extent of the expansion, the DRC believed it would be appropriate for the building design to be brought into compliance with current design standards. COMPREHENSIVE PLAN: This area is designated on the Comprehensive Land Use Plan as "Retail." This designation is intended to permit a variety of retail trade, personal and business service establishments, and offices. CURRENT ZONING: The property is currently zoned C-1 Commercial. PROPOSED ZONING: The proposed zoning is NR-PD Non-Residential Planned Development following the C-1 Commercial district land uses and development standards. The proposed change is intended to allow for the modifications to the building design and site development standards for the property. SURROUNDING ZONING I LAND USE: ® o e e NORTH C-1 Commercial Office Vacant property WEST C-1 Commercial Retail Restaurant(Riscky's Barbecue) SOUTH R-1 Single-Farnily Residential Low Density Residential Existing single-family residences EAST C-1 Commercial Retail Vacant property PLAT STATUS: The property is currently platted as Lot 2, Block H, Richland Oaks Addition. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission conducted a public hearing and considered this item at the August 16, 2018, meeting and IqRH voted 4-0 to recommend approval, subject to all landscaped areas being irrigated as required by the landscaping regulations. RECOMMENDATION: Approve Ordinance No. 3534. as 7b �� FOR JMME 5�R O� o�P O imi vaVA3N 2 oy 6� �7 Olp O O W_ w W �O ams OUVHOIOO }H p J 00 p O 2 00 F N e � i/r �r/�/i r a � r ��pp�� 7 ^� NIl�7 �� ; i ���, ;, .., •r/° 1 � ��� , i/ � � , ; r�d, %' , ' if r ® � �% , „ nQ, . /�/��% / � � ®° //� �� i � �P ��f/f � ®® ,� / , ! �i , ��� �� � r ®® e °®Y ///i� � � ® � JlJ1J1J111 �> � � / .. ; % ® ,� ,� ,, o r ,, ��. ® ! mm� 1 ',�, %, ���� � , i, ° /'- it%� I � �� ! �/� � �'�//r/i �ii i iii%, /" � � � // /� `'„ � iii% � III�II�III s �� f � � ' r % v % i ii i � /�/j� ,//j i moil i ra' !�� roMU�'.,,NU ii //��j/ , /g 1 ��tl��®I� f /' 9 �., a imi Nwww'// uiu JNfli6(�MOOdu'u � �o/// � �� ii ��, TqRH PUBLIC HEARING NOTICE NORTH RICHLAND HILLS CASE: ZC 2018-17 You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map requesting a Zoning Change. APPLICANT Baird, Hampton & Brown Inc. LOCATION 8124 Boulevard 26 REQUEST Public hearing and consideration of a request from Baird, Hampton & Brown for a zoning change from C-1 Commercial to NR-PD Nonresidential Planned Development at 8124 Boulevard 26, being 0.42 acres described as Lot 2, Block H, Richland Oaks Addition. DESCRIPTION Proposed planned development to expand existing data hub facility with varying landscape and nonresidential construction development standards. PUBLIC HEARING DATE Planning and Zoning Commission 7:00 PM Thursday, August 16, 2018 City Council 7:00 PM Monday, September 10, 2018 MEETING LOCATION City Council Chambers -Third Floor 4301 City Point Drive North Richland Hills, Texas People interested in submitting letters of support or opposition are encouraged to contact the Planning Zoning Department for additional information. Letters must be received by the close of the City Council public hearing. Because changes are made to requests during the public hearing process, you are encouraged to follow the request through to final action by City Council. PlanninP_ and ZoninE Department 1 4301 Citv Point Drive- NRH, TX 76180 817-427-6300 1 www.nrhtx.com planning @nrhtx.com FOR MORE INFORMATION, VISIT NRHTX.COM/MAP / �A c �O J /m 0 O O y_ JERRIEJODR N A Feet Prepared by Planning 8/3/2018 0 50 100 200 300 400 X \ Id r \ W r� Y \ Plannin.9 and Zoning Department 1 4301 City Point Drive- NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning @nrhtx.com Owner Address City ,st, Zip AMERCO REAL EST CO OF TX INC PO BOX 29046 PHOENIX AZ 85038-9046 BARFIELD, ROGER 8105 JERRIE JO DR FORT WORTH TX 76180-7223 BROWN, DANIEL WAYNE 8109 JERRIE JO DR NORTH RICHLAND HILLS TX 76180- BROWN, PAULINE S 5020 NEVADA TR FORT WORTH TX 76180-7222 EVANS,TOMMY 1813 TREMONT AVE FORT WORTH TX 76107-3944 HARRIS,AMY 2520 K AVE SUITE 700-287 PLANO TX 75074 HOEGER ANITA G REVOCABLE TRUST 4154 WILLMAN AVE NORTH RICHLAND HILLS TX 76180 MANDT, WILLIAM R 8117 JERRIE JO DR NORTH RICHLAND HILLS TX 76180 MANUEL FINANCIAL NO 2 LLC 4824 OVERTON WOODS DR FORT WORTH TX 76109 MARCUS CABLE ASSOC LLC PO BOX 7467 CHARLOTTE NC 28241 RISCKY,JIM 2314 AZLE AVE FORT WORTH TX 76164-6740 SHEPARD, JURGEN R 8113 JERRIE JO DR FORT WORTH TX 76180-7223 ORDINANCE NO. 3534 ZONING CASE ZC 2018-17 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS AMENDING THE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, AND THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS BY REZONING A 0.42-ACRE TRACT OF PROPERTY LOCATED AT 8124 BOULEVARD 26 FROM C-1 (COMMERCIAL) TO NR-PD (NONRESIDENTIAL PLANNED DEVELOPMENT); PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR SEVERABILITY; ESTABLISHING A PENALTY; PROVIDING FOR SAVINGS; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas is a home-rule municipality located in Tarrant County, Texas acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Zoning Ordinance of the City of North Richland Hills regulates and restricts the location and use of buildings, structures, and land for trade, industry, residence, and other purposes, and provides for the establishment of zoning districts of such number, shape, and area as may be best suited to carry out these regulations; and WHEREAS, the City Council has previously passed an ordinance adopting a Comprehensive Land Use Plan Map as the primary document on which to base all zoning, platting, and other land use decisions; and WHEREAS, the Comprehensive Land Use Plan Map provides guidance for future development in conformance with the adopted Comprehensive Land Use Plan; and WHEREAS, the owner of the property containing approximately 0.42 acres of land located at 8124 Boulevard 26 (the 'Property") has filed an application to rezone the Property from its present classification of C-1 (Commercial) to NR-PD (Nonresidential Planned Development); and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on August 16, 2018, and the City Council of the City of North Richland Hills, Texas, held a public hearing on September 10, 2018, with respect to the zoning change described herein; and Ordinance No. 3534 ZC 2018-17 Page 1 of 4 WHEREAS, the City has complied with all requirements of Chapter 211 of the Local Government Code, the Zoning Ordinance of the City of North Richland Hills, and all other laws dealing with notice, publication, and procedural requirements for rezoning the Property; and WHEREAS, upon review of the application, and after such public hearing, the City Council finds that granting the request herein furthers the purpose of zoning as set forth in the Zoning Ordinance of the City of North Richland Hills and that the zoning change should be granted, subject to the conditions imposed herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: That the Zoning Ordinance of the City of North Richland Hills is hereby amended by rezoning the Property and approving a Nonresidential Planned Development as provided herein on a 0.42-acre tract of land described as Lot 2, Block H, Richland Oaks Addition, commonly referred to as 8124 Precinct Line Road, as described and shown on Exhibit'A" attached hereto and incorporated for all purposes. Section 2: The City Council finds that the information submitted by the applicant pursuant to the requirements of the Zoning Ordinance is sufficient to herein approve the nonresidential planned development in accordance with the requirements of the Nonresidential Planned Development (NR-PD) District Land Use and Development Regulations, set forth in Exhibit °B," and the Site Plan Exhibits, set forth in Exhibit"C," both of which are attached hereto and incorporated for all purposes. Section 3: That the official zoning map of the City of North Richland Hills is amended and the Planning Manager is directed to revise the official zoning map to reflect the approved NR-PD (Nonresidential Planned Development) zoning, as set forth above. Section 4: The use of the property described above shall be subject to all applicable and pertinent ordinances of the City of North Richland Hills, all applicable regulations contained in the Building and Land Use Regulations for the C-1 Commercial zoning district, and the additional zoning standards as set forth in Exhibit °B." Section 5: The zoning district as herein established has been made in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the community. Section 6: This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of North Richland Hills, Texas, as Ordinance No. 3534 ZC 2018-17 Page 2 of 4 amended, except when the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such code, in which event the conflicting provisions of such ordinances and such code are hereby repealed. Section 7: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. Section 8: Any person, firm or corporation violating any provision of the Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 9: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances governing zoning that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 10: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Section 11 : This ordinance shall be in full force and effect immediately following publication as required by Section 10 hereof. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 10th day of September, 2018. Ordinance No. 3534 ZC 2018-17 Page 3 of 4 CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary Approved as to content: Clayton Comstock, Planning Manager Approved as to form and legality: Maleshia McGinnis, City Attorney Ordinance No. 3534 ZC 2018-17 Page 4 of 4 Exhibit A—Property Description—Ordinance No.3534—Page 1 of 1 Zoning Case ZC 2018-17 Lot 2,Block H,Richland Oaks Addition 8124 Boulevard 26,North Richland Hills,Texas BEING a tract of land situated in the City of North Richland Hills,Tarrant County,Texas,said tract being all of Lot 2, Block H, Richland Oaks Addition, 5th Filing, an addition to the City of North Richland Hills,Texas according to the plat thereof recorded in Cabinet B,Slide 1713 (Document Number D198061533),in the Plat Records of Tarrant County,Texas. t eiar¢ H14nwav wtl—¢a a -jGFAYEV4NF --i1GNWPY) w G 1 m � f a d tl ry 1 n rr A LOCATION e MAP 'rvu Exhibit B—Land Use and Development Regulations—Ordinance No.3534—Pagel of 2 Zoning Case ZC 2018-17 Lot 2,Block H,Richland Oaks Addition 8124 Boulevard 26,North Richland Hills,Texas This Non-Residential Planned Development(NR-PD)District shall adhere to all the conditions of the North Richland Hills Code of Ordinances, as amended, and adopt a base district of C-1 Commercial. The following regulations shall be specific to this NR-PD District. Where these regulations conflict with or overlap another ordinance, easement,covenant or deed restriction, the more stringent restriction shall prevail. A. Permitted Land Uses. Uses in this NR-PD shall be limited to those permitted in the C-1 Commercial zoning district,as amended,with the addition of and subject to the following. 1. Any land use requiring a special use permit in the C-1 Commercial zoning district, as amended, is only allowed if a special use permit is issued for the use. 2. Any land use prohibited in the C-1 Commercial zoning district, as amended, is also prohibited. B. Site development standards.Development of the property shall comply with the development standards of the C-1 Commercial zoning district and the standards described below. 1. The site improvements shall be constructed as shown on the site plan attached as Exhibit "C' 2. Landscaping shall be installed as shown on the site plan attached as Exhibit "C." All landscaping areas must be irrigated. The landscaping must be installed prior to the issuance of a certificate of occupancy. C. Building design standards. Building design and appearance shall comply with the building elevations attached as Exhibit"C"and the standards described below. 1. The building design and appearance shall be as shown on the site plan attached as Exhibit „C„ D. Amendments to Approved Planned Developments. An amendment or revision to the Non- Residential Planned Development (NR-PD) shall be processed in the same manner as the original approval. The application for an amendment or revision shall include all land described in the original ordinance that zoned the land to the NR-PD district. The city manager or designee may approve minor amendments or revisions to the NR-PD standards provided the amendment or revisions does not significantly: 1. Alter the basic relationship of the proposed uses to adjacent uses; 2. Change the uses approved; 3. Increase approved densities, height,site coverage,or floor areas; 4. Decrease on-site parking requirements; 5. Reduce minimum yards or setbacks;or 6. Change traffic patterns. OR�E Ell'H omnHOia HiHGN sa oavnamoe ele HAOOAS Zi)l NOiaaysx ONIIHON -2 H 3AS qnH vivo 01011 El N.I�l.H t _ NMOtlO®NO1tl WtlH'OMItlB 6U BSvoa n3se AIOA3 NV7 311S v Jl s srvoumos aairvao urea 3mona / a O Y% /// A // .1� O //%iii// %/iii /i b y ., r C � a x m ) O >. X�S"' " " l' /,, H° �a N"; #1. � �G t 0?uEc snw im NOILOOVSNV0o ONmHOIH HiHON 9z oam3inoe wLa �aisman0 o - Hn0OieaNtl HMI& e 3 H 3AS onH V1V0 4m? 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( / ! )\0 / ( - WE § ( \\�\\ \� \ \ _ - � � » .. . - . . .. . .. : _ \ . . j ( \ C E�P AMHXINIA3dnE)"T8 ° H 3IIS qnH MAC NOISNHdX3 SII90lONHDII HHdIV � - b O a m R 6 z a c R O a � R 0 i P d ��io o'miwrc dv,m MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL, 4301 CITY POINT DRIVE AUGUST 16, 2018 C.3. ZC 2018-17 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM BAIRD, HAMPTON & BROWN FOR A ZONING CHANGE FROM C-1 COMMERCIAL TO NR-PD NONRESIDENTIAL PLANNED DEVELOPMENT AT 8124 BOULEVARD 26, BEING 0.42 ACRES DESCRIBED AS LOT 2, BLOCK H, RICHLAND OAKS ADDITION. APPROVED Chairman Justin Welborn introduced the item, opened the public hearing, and called for Principal Planner Clayton Husband to introduce the request. Mr. Husband introduced the request. Chairman Welborn called for the applicant to present the request. Daniel Franklin, on behalf of Baird, Hampton & Brown, 301 William D. Tate Avenue, Grapevine, Texas, 76051, presented the request. Ex-Officio Kelvin Deupree and the applicant discussed the anticipated traffic volume generated from this site. Chairman Welborn and Mr. Franklin discussed the purpose of the additional space requested. Commissioner Mason Orr and the applicant discussed parking for employees. Commissioner Don Bowen confirmed with staff that landscaping would be required to be irrigated. Chairman Welborn called for Mr. Husband to present the staff report. Mr. Husband presented the staff report. Torrey McGraw, 15100 Trinity Boulevard, Fort Worth, Texas, 76155, spoke in favor of the request. Chairman Welborn called for anyone wishing to speak for or against the request to August 16, 2018 Planning and Zoning Commission Meeting Minutes Page 1 of 2 come forward. There being no one wishing to speak, Chairman Welborn closed the public hearing. Commissioner Bowen and Mr. Husband discussed design standard suggestions from staff. Chairman Welborn commented on the landscape plan and the potential ability to disguise the current structure and proposed structure with greenery. Chairman Welborn and Mr. Husband discussed the landscape plan and irrigation responsibilities. A MOTION WAS MADE BY COMMISSIONER DON BOWEN, SECONDED BY COMMISSIONER KATHY LUPPY TO APPROVE ZC 2018-17. MOTION TO APPROVE CARRIED 4-0. August 16, 2018 Planning and Zoning Commission Meeting Minutes Page 2 of 2 P41tH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 10, 2018 SUBJECT: ZC 2018-10, Ordinance No. 3535, Public hearing and consideration of a request from Hamilton Duffy, P.C., for a zoning change from AG Agricultural to R-2 Single-Family Residential at 7125 Douglas Lane, being 5.942 acres described as Tracts 2Z, 2Z1, 2J, and 2J1 , John Condra Survey, Abstract 311. PRESENTER: Clayton Comstock, Planning Manager SUMMARY: On behalf of Chester and Marcia Christopher, Hamilton Duffy is requesting a zoning change from AG Agricultural to R-2 Single-Family Residential on 5.942 acres located on the west side of Douglas Lane between Starnes Road and Hightower Drive. GENERAL DESCRIPTION: The site is located on the west side of Douglas Lane across from the North Ridge Middle School property. The character of the development on Douglas Lane is low density single- family residences on estate style lots. These properties are zoned R-1-S Special Single Family and AG Agricultural. The Windcrest neighborhood is located north and west of the site and is zoned R-2 Single Family Residential. The applicant is requesting a zoning change to R-2 Single Family Residential. The site is unplatted and currently developed with a single-family residence. The property has 325 feet of frontage on Douglas Lane and is approximately 809 feet deep. Based on the proposed zoning, it is estimated that the property could be developed as one single lot or up to twenty residential lots. Estate Lots In 2014, the City Council and Planning and Zoning Commission held work sessions to discuss the applicability of estate lots and the R-1-S zoning district in certain areas of the city. Estate lots were viewed as a desired market niche for North Richland Hills as land and house values are typically higher than average. The direction from those discussions was to review zoning cases with the following general policy guidance: 1*41kH NORTH RICHLAND HILLS • Encourage R-1-S zoning in the Little Ranch M' `° Road/Meadow Creek Road and Continental Trail/Valley Drive areas • Discourage R-2 zoning within the estate areas �.. • Discourage R-1-S zoning outside the estate areas • Incorporate these policies into a future /ff Comprehensive Plan update The map to the right shows the Little Ranch Road and µ Meadow Creek Road estate lot area. The property under consideration is located in the northwest portion of the Core Hightower Area. While it is on the perimeter of the area, the property is located within the boundary where t the R-1-S zoning district and estate lot development would + n.: J be considered appropriate. DRC recommendation The Development Review Committee recommendation to the Planning and Zoning Commission was for denial of the zoning change. The recommendation was based on the development policy that discourages R-2 Single-Family Residential zoning within the estate lot areas. The policy encourages the R-1-S Special Single Family district in this area. The properties on the west side of Douglas Lane south of this site to Hightower Drive are currently zoned R-1-S and developed as residential estate lots. PUBLIC INPUT: Following posting of the public hearing signs on the subject property, the Planning & Zoning Department received written opposition to the request. The Texas Local Government Code states in part that if a written petition of opposition is signed by the owners of at least 20% of the area of the lots or land included in the 200-foot notification area surrounding the property, the affirmative vote of at least three-fourths of all members of the governing body is required to approve the request. The analysis of the written petition indicates that the owners of 46% of the land area signed a petition in opposition to the request. Consequently, approval of the application would require at least six (6) affirmative votes by City Council. A copy of the petition and a map showing the opposition area are attached. COMPREHENSIVE PLAN: This area is designated on the Comprehensive Land Use Plan as "Low Density Residential." This designation provides areas for traditional low- density single-family detached dwelling units. The Strategic Plan Committee reviewed the residential estate lot areas during its discussions on the future land use plan. While the future land use plan recommendations have not yet been ratified by the Committee or adopted by City Council, it is anticipated that this area would be recommended for residential estate development. Final recommendations are planned for consideration by City Council at the end of this year. 1*41kH NORTH RICHLAND HILLS CURRENT ZONING: The property is currently zoned AG Agricultural. This district is intended to preserve lands best suited for agricultural use from encroachment of incompatible uses, and to preserve in agricultural use, land suited to eventual development into other uses pending proper timing for practical economical provisions of utilities, major streets, schools, and other facilities so that reasonable development will occur. PROPOSED ZONING: The proposed zoning is R-2 Single-Family Residential. The R-2 zoning district is intended to provide areas for low-density development of single-family detached dwelling units that are constructed at an approximate density of 4.0 units per acre. SURROUNDING ZONING I LAND USE: ® e 6 ONCE== e NORTH R-2 Single-Family Residential Low Density Residential Single family residences WEST R-2 Single-Family Residential Low Density Residential Single family residences SOUTH R-1-S Special Single Family Low Density Residential Single family residences EAST U School,Church and Public/Semi-Public North Ridge Middle School Institutional PLAT STATUS: The property is currently unplatted. Before any new development may occur on the property, a plat will be required to be approved by City Council. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission held a public hearing and considered this item at their August 16, 2018, meeting. After a 2-2 tie vote, the Commission voted to table the item to September 6, 2018. At the September 6 meeting, the item was removed from the table and the public hearing was conducted again. The Commission voted 4-3 to recommend denial of the request. RECOMMENDATION: Deny Ordinance No. 3535. as aooMwma N0�`OP IT- IDGECRE ST DR HO 3N II 30OIb ° l swignou Y a a z z z m ° a °o calm 3 NI MOIIOH AuvHS Z LL uj J r J p' � Q 2 Z W W CS uj v z z Z W ° a HM M3IAMOOtl341 9 m m m m m 'm v //r??;�J ri�iiiiiill%/ ��� /r r i �% , f. I� ( i��i � ill� �. � � / i,i ///`r 9 rr r//® ri�riiii(r�U//o �r / i I r I �f �/r�;� r/�� r4® r /r���� �� i fl fl�l� .� /��/ � � � r ,����'� a ��� / m m �/ �� � /l�/ r a eti, 1 �1l'Gl /i,l%� � /y� � ..'� ��i i 'iid�i�;i,/r�o�t / �, � r�r% � iii �%/i//i � /F j. ��� /r �� ,v � � r r/ Y�" ri1 r ii////iii f lr �� r� ® � g �i ��/ri% 1/ ui �// � ;" {�' �i�{/ i/i�i�l�/ii r //%//l2 � / ��j �.. G�j//r � 1. /i/ r� �� 0%%, %//s /� 1. /�/ i ��� I<j/ i �e'm' /,'��i /ire/�%����/ r i � �� ��irr����, Per/'� � //�i�%ioii /, r r�%i;,� ��� �i� i /� r �//�i % / /ri /r, iVil � �� e / / i�; / /iir�i;/ /l�'�f/" ,i rr rc/ i /r /// / �r r i�iii/ i/, i/��c, ; , r D 0 � ,i ;/ iii it i �e, i Hof� %/c; f I ppp m� �' i �. m e r • r, a ® {, r o � a . m - m ® � I� 'li IIIIViii � � �; 1, i tll �i ai, i I i Q ,, � �i� I � ti i UI � % ' f n.w ''1 ��r � a d � /r %/i r// /, , ////i%/ ;� ,, ® ��„ t ,�< 'r ® � b / ® ® � , a r a ® '� ® a m j 'i r', r �� � � ,/� /% �® � , �;i f�� ; is � u u I ', Yu fi I �. 0 �� -° m �f o m . �, i / //:iii i��®r /�i r r���/ q ® ! l r ;;. /% / TqRH PUBLIC HEARING NOTICE NORTH RICHLAND HILLS CASE: ZC 2018-10 You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map requesting a Zoning Change. APPLICANT Hamiltom Duffy, P.C. LOCATION 7125 Douglas Ln REQUEST Public hearing and consideration of a request from Hamilton Duffy, P.C., for a zoning change from AG Agricultural to R-2 Single-Family Residential at 7125 Douglas Lane, being 5.942 acres described as Tracts 2Z, 2Z1, 2J, and 2J1, John Condra Survey, Abstract 311. DESCRIPTION Zoning change for future single-family residences. PUBLIC HEARING DATE Planning and Zoning Commission 7:00 PM Thursday, August 16, 2018 City Council 7:00 PM Monday, September 10, 2018 MEETING LOCATION City Council Chambers -Third Floor 4301 City Point Drive North Richland Hills, Texas People interested in submitting letters of support or opposition are encouraged to contact the Planning Zoning Department for additional information. Letters must be received by the close of the City Council public hearing. Because changes are made to requests during the public hearing process, you are encouraged to follow the request through to final action by City Council. PlanninP_ and ZoninE Department 1 4301 Citv Point Drive- NRH, TX 76180 817-427-6300 1 www.nrhtx.com planning @nrhtx.com FOR MORE INFORMATION, VISIT NRHTX.COM/MAP . . . ................... ............. -------- ----------- ....................... –AX L LUFF HL ——---------—-------- —------- -------- --- --- ----------- —-------------- ----------- ---------- —-------—--------- ------ ------ ------ -—---- N AFITIJ------ Feet Prepared by Planning 8/312018 0 100 200 400 600 800 r A.'rMNu nl 101 CvWIPMpW KFl 11 f1WZO AO 11.1 1.10 lYA KA R110WIA1 ........... Plannin.9 and Zoning Department 1 4301 City Point Drive- NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com OWNER ADDRESS CITY, ST, ZIP BEASLEY, TRISHA JO 7213 WINDCREST LN NORTH RICHLAND HILLS TX 76182 BIRDVILLE, ISD 6125 E BELKNAP ST FORT WORTH TX 76117-4204 BONNER, NANCY W 7200 WINDCREST CT E N RICHLND HLS TX 76182-7700 BURESH,JAMES A 7124 DOUGLAS LN FORT WORTH TX 76182-7701 CARR, MARTIN 7205 WINDCREST CT E NORTH RICHLAND HILLS TX 76182 CHALOPIZA, KEVIN 7200 WINDHAVEN RD FORT WORTH TX 76182-7628 CHRISTOPHER, CHESTER 7125 DOUGLAS LN FORT WORTH TX 76182-7702 COOPER, DIANE K 7117 DOUGLAS LN NORTH RICHLAND HILLS TX 76182 COPELAND, MAREN 7120 WINDHAVEN RD NORTH RICHLAND HILLS TX 76182 CROSS, CHRISTOPHER 7116 WINDHAVEN RD FORT WORTH TX 76182-3325 GORMAN, CINDY G 7301 SHADY HOLLOW LN FORT WORTH TX 76182-7711 HENDRIX, KAREN 7220 WINDCREST LN NORTH RICHLAND HILLS TX 76182 HENDRIX,TERRY 1610 KINGSWOOD LN COLLEYVILLE TX 76034-5582 HOCKENBERGER, EDWARD 7258 WINDCREST CT FORT WORTH TX 76182-7718 J S FAMILY TRUST PO BOX 5505 ORANGE CA 92863-5505 KENNISON, KRISTOPHER 7128 WINDHAVEN RD NORTH RICHLAND HILLS TX 76182 LUANGPHISAY, SIPHOUNE 7121 WINDHAVEN RD FORT WORTH TX 76182-3326 MAHON,JOHN S 7204 WINDCREST CT E FORT WORTH TX 76182-7700 MATHIS, WESLEY W PO BOX 820283 NORTH RICHLAND HILLS TX 76182 MATTOX, CLIFFORD 0 7112 WINDHAVEN RD NORTH RICHLAND HILLS TX 76182 MONTGOMERY,JAY M 7225 WINDCREST LN FORT WORTH TX 76182-7715 MOON, RANDALL 7129 DOUGLAS LN FORT WORTH TX 76182-7702 MOTHERAL, R LYNN 7109 DOUGLAS LN N RICHLND HLS TX 76182-7702 OAS, ADAM MICHAEL 7233 WINDCREST LN NORTH RICHLAND HILLS TX 76182 PHILLIPS, JENNIFER 7221 WINDCREST LN NORTH RICHLAND HILLS TX 76182 PIERCE,JONATHAN 7208 WINDCREST CT E NRH TX 76182 RUSCUS, MICHAEL F 7229 WINDCREST LN NORTH RICHLAND HILLS TX 76182 SCHULTZ, TRACEY L 7112 DOUGLAS LN FORT WORTH TX 76182-7701 SKINNER,JAMES 7217 WINDCREST LN NORTH RICHLAND HILLS TX 76182 SMITH, PEGGY L 7121 DOUGLAS LN FORT WORTH TX 76182-7702 TARWATER,JOHNNY CLINTON 7209 WINDCREST LN FORT WORTH TX 76182-7715 TAYLOR, STEPHEN 7208 WINDHAVEN RD NORTH RICHLAND HILLS TX 76182 TIMM, JULIE E 7201 WINDCREST CT E NORTH RICHLAND HILLS TX 76182 WINDHAVEN NRH LLC 1819 FERN CT GRAPEVINE TX 76051 From: Peggy Smith To: Plannino Subject: Concerns:ZC 2018-10 Date: Sunday,August 12,2018 6:44:22 PM Importance: High NRH Planning and Zoning Dept: I am writing you with my concerns regarding the Zoning Change that has been requested for the property at 7125 Douglas Lane. I own the property adjacent and share an 809' property line. I have not been able to discuss the developer's current plans for the property with you yet so not sure how relevant my concerns might be at this time for the specific zoning change that has been requested. 1) SIZE of RESIDENTIAL LOTS - I did talk with Chad from Planning and he informed me that the developer was seeking an R-2 classification for the property that would allow for 1/4 acre residential lots. I'm surprised that this would be acceptable since the city is trying to preserve the quasi-rural nature of our historic Smithfield area and all properties south happen to be more than 1 acre lots. An R-2 classification would likely allow for at least 20 homes to be built on the 5.9 acre lot. Even with new residential construction happening south of Douglas on Little Ranch Road is preserving the larger lot sizes for the area. 2) DRAINAGE- Currently my property gets run-off from the 7125 land due to the slope of the terrain. 30% of my property is already within the 100 year flood plain as is the southwest corner of the 7125 Douglas property. Calloway Creek Branch that runs near the back (west) side of our properties is a natural dirt ditch beginning at the northwest corner of my property and as it flows south until Hightower. I am hoping that the drainage is part of the developer's plans so at the very least we are not getting any additional run-off as we do today. 3) BUFFER- I am not sure if the developer has submitted any plans for the 7125 property yet. I do hope that any plans include some type of buffer(more than just fencing)that will separate the new urban development of residential homes and my R-1-S acreage where I have had horses for almost over 30 years. This is especially important since I will share an 809' property line with the new residential development. Based on what I read in the city regulations, buffers are to be used between zones of different character. Even though these are both Residential zones, the characteristics are quite different in having a semi-rural property adjacent to small residential lots. 4)VEHICLE TRAFFIC-With the additional homes to be developed, it will bring additional traffic to Douglas Lane which also has school traffic congestion from both North Ridge Middle School located across the street from the property as well as the nearby North Ridge Elementary. With the addition of these residential homes, Douglas Lane will have more traffic especially with R-2 zoning, where we could possibly have 30+ cars added to the already congested traffic flow during school times. Douglas also happens to be used as a fire department thoroughfare since NRH Fire Station 4 is located down the street at the corner of Douglas and Hightower. Thanks for reviewing my concerns. I've left a phone message so perhaps I can discuss these with someone from the department before the Thursday P&Z meeting. I do plan to attend the meeting on Thursday. Thanks for your time. Sincerely, Peggy Smith Property Owner. 7121 Douglas Lane, NRH Petition Opposing Subdivision On Douglas Lane i/14/�2018 Case: ZC 2018-10 lr We the neighboring community members oppose the subdivision requested by Hamilton Duffy, P.C. We will attend the public hearing scheduled for August 16,2018 Name Address Phone# f but 37 o4- 7 cal A -c7o 81 -372- 7-2-Z!S- 19 . . ........ V;7 'Leq Petition Opposing Subdivision On Douglas Lane Case: ZC 2018-10 We the neighboring community members oppose the subdivision requested by Hamilton Duffy, C. 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The two map exhibits getting most of the attention do not include the additional 4 Estate sized properties between 7125 Douglas Lane and Starnes . This gives the impression that adding a housing development at 7125 would be at the perimeter when in actuality, it is not.. Allowing for a subdivision of R2 sized lots, would indeed cause a separation of the current Estate properties facing Douglas between Starnes and Hightower. Every one of the properties along this section of Douglas are at least one acre in size. The maps that I'm referring to in the package and presentation slides are the Exhibit Map and the District Map showing the boundaries for the area of Estate sized lots (i.e. on page 2 of Memorandum). Neither of these maps include all 4 Estate sized properties located north of 7125 Douglas Lane giving the false impression that this property is located on the perimeter of estate sized lots. I feel that the District Map does not provide a full view of the Douglas Lane area and should not be used to ascertain the impact of the proposed subdivision.or the appropriateness for the neighborhood. I've attached a roughly modified Vicinity Map that outlines these additional lots which are all at least 1 acre in size. It gives a more accurate depiction of the impact on Douglas Lane in proximity of the proposed R2 subdivision. The proposed subdivision would cause a split between existing Estate sized lots facing Douglas Lane on either side of the subdivision. It seemed that perhaps several of the P&Z Commission members did not understand this impact based on what they were seeing on the maps. I am hoping that City Council can be provided with a more expanded map view of the area so that it would represent a more accurate impact of an R2 subdivision in this location and not mislead their understanding of where our Estate properties are located facing Douglas Lane. Thanks for your time and assistance. Peggy Smith 817-875-6384 �. m \� s - - w W Im z a co 0 it 831 M31AMOGV3W ZC 2018-10 Opposition Map 7308 7104 7112 7116 7120 7321 7304 7100 7205 7305 7317 7255 7300 7244 7250 4 7313 7245 7259 7309 I 7200 7204 7254 7241 ! 7133 7258 7305 7237 7204 2 7220 7301 7233 7332 .�� �....� .....� w�wwwwww�.....�� �wwwwww� uW�u ������7200 7212 7229 08 7209 7204 7125 7125 7200 7128 7125 1 7125 7124 71 1 I 7120 711 7124 7113 7117 es 7112 0.0% 7112 7113 0.001 acres 7 7001 108 7104 7109 7069 7100 7110 7105 7036 7101 7033 7032 7108 Legend 46% of property within the public notice buffer has objected to the proposal. Subject Property Opponents To Request N Opponents Outside Buffer ( Feet Feet Public Notice Buffer 200 ft 0 70 140 280 420 560 i x� - � °� � � " Christopher K. KU ��� ���� � l� Nk D� � ���� � �������� �^��� �u���� � ���� ����« �..... ������~�~~� �.~�.������.�^��-�^��^�� ������..��.�������� ^.�.��.�.���^.�� � ������~�...^�~',�� �.~��� 71%5 Douglas Lane, N}{U,?oxux76182 | 817'793'6473 | August 6,2018 � � Mayor OscarTrevino,city council Members and Planning and Zoning Commission Members, 4301 City Point Drive N R8.Texas 76188 � Dear Council and Planning Commission, VYw are the owners of the property ut71%5 Douglas Lane. Unfortunately,vvo will have tobe out v[town ! for the Planning meeting for this project. Please know that we are in support of this project and very ! much want to solicit your support for R-2 zoning.We have lived in North Richland Hills for many years � having graduated from Richland High School in 1974 and we purchased this home in 1993.We are planning on moving to East Texas for our retireynent.The cost of property taxes on a place of this size, 5.942 acres, has become very expensive.VVx understand that this project iuou the edge uf the Estate district planned for one acre lots,but we have been against this designation since its inception and have stated this in opposition i" u number ofmeetings. � � The overall dimensions of this property would not efficiently allow for one acre lots,therefore in this case � m/e feel that a standard k'2 lot pco�oc�vvi!lal|ovv[orpcvprraodw(6c�wn�Uovm|uyo�wu�� � � � Pleane contact nueif you have any questions.VVa look forward tn your support. Sincerely, Chester Christopher Marcia Christopher | e.� H 4 ... ° _ ^ u. v win! a.r oa.. — am p _ = H o � ' slip vat. � _ _--= ZW »°n O 6 � timE ..p x w 3A r a es -Ys „. � m .aar Mm- 13i A NINE W OT Wil 110 11:12 slip WE t e .d �,y.. @ yy WS mo SPI WO iAi3 ° 3 .lays e.c�ews � .i rq _.. --------------- „— --i m \i r gad:g_ --------I MOM {I it yr ✓��� All I1 h b,A OA e 6' ORDINANCE NO. 3535 ZONING CASE ZC 2018-10 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS AMENDING THE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, AND THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS BY REZONING A 5.942-ACRE TRACT OF PROPERTY LOCATED AT 7125 DOUGLAS LANE FROM AG (AGRICULTURAL) TO R-2 (SINGLE-FAMILY RESIDENTIAL); PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR SEVERABILITY; ESTABLISHING A PENALTY; PROVIDING FOR SAVINGS; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas is a home-rule municipality located in Tarrant County, Texas acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Zoning Ordinance of the City of North Richland Hills regulates and restricts the location and use of buildings, structures, and land for trade, industry, residence, and other purposes, and provides for the establishment of zoning districts of such number, shape, and area as may be best suited to carry out these regulations; and WHEREAS, the City Council has previously passed an ordinance adopting a Comprehensive Land Use Plan Map as the primary document on which to base all zoning, platting, and other land use decisions; and WHEREAS, the Comprehensive Land Use Plan Map provides guidance for future development in conformance with the adopted Comprehensive Land Use Plan; and WHEREAS, the owner of the property containing approximately 5.942 acres of land located at 7125 Douglas Lane (the "Property") has filed an application to rezone the Property from its present classification of AG (Agricultural) to R- 2 (Single-Family Residential); and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on August 16 and September 6, 2018, and the City Council of the City of North Richland Hills, Texas, held a public hearing on September 10, 2018, with respect to the zoning change described herein; and Ordinance No. 3535 ZC 2018-10 Page 1 of 4 WHEREAS, the City has complied with all requirements of Chapter 211 of the Local Government Code, the Zoning Ordinance of the City of North Richland Hills, and all other laws dealing with notice, publication, and procedural requirements for rezoning the Property; and WHEREAS, upon review of the application, and after such public hearing, the City Council finds that granting the request herein furthers the purpose of zoning as set forth in the Zoning Ordinance of the City of North Richland Hills and that the zoning change should be granted, subject to the conditions imposed herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: That the Zoning Ordinance of the City of North Richland Hills is hereby amended by rezoning from AG (Agricultural) to R-2 (Single Family Residential) 5.942 acres of property described as Tracts 2Z, 2Z1, 2J, and 2J1, John Condra Survey, Abstract 311, commonly referred to as 7125 Douglas Lane, as described on Exhibit "A," attached hereto and incorporated for all purposes. Section 2: That the official zoning map of the City of North Richland Hills is amended and the Planning Manager is directed to revise the official zoning map to reflect the approved R-2 (Single Family Residential) zoning, as set forth above. Section 3: The use of the property described above shall be subject to all applicable regulations contained in the Building and Land Use Regulations and all other applicable and pertinent ordinances of the City of North Richland Hills. Section 4: The zoning district as herein established has been made in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the community. Section 5: This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of North Richland Hills, Texas, as amended, except when the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such code, in which event the conflicting provisions of such ordinances and such code are hereby repealed. Section 6: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgment or Ordinance No. 3535 ZC 2018-10 Page 2 of 4 decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. Section 7: Any person, firm or corporation violating any provision of the Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 8: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances governing zoning that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 9: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Section 10: This ordinance shall be in full force and effect immediately following publication as required by Section 9 hereof. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 10th day of September, 2018. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor Ordinance No. 3535 ZC 2018-10 Page 3 of 4 ATTEST: Alicia Richardson, City Secretary Approved as to form and legality: Maleshia Farmer, City Attorney Ordinance No. 3535 ZC 2018-10 Page 4 of 4 Exhibit A— Legal Description —Ordinance No. 3535— Page 1 of 1 All that certain 5.942 acres of land conveyed to Chester G. Christopher and Marcia Christopher by the deeds recorded in Volume 11079,Page 703 and Volume 11658, Page 2009,in the Public Records of Tarrant County, Texas (P.R.T.C.T.) in the John Condra Survey, Abstract 311, City of North Richland Hills, Tarrant County, Texas, and more particularly described by the metes and bounds as follows (all bearings shown hereon are based on the Texas Coordinate System of 1983, North Central Zone): BEGINNING at a %-inch iron rod found for the northwest corner of the Tract 6, Smith Addition, recorded in Volume 388-69, Page 57, P.R.T.C.T., which is the southwest corner of the herein described tract, in the east line of Block 8, Windcrest, recorded in Volume 388-121, Page 18, P.R.T.C.T.; THENCE North 00 degrees 26 minutes 50 seconds West along the east line of said Block 8, Windcrest, passing at a distance of 114.51 feet a %-inch iron rod with a cap stamped "LBS 3946" found for the common east corner of Lots 17 and 18 of said Block 8,Windcrest, and continuing for a distance of 315.65 feet (called 316.05 feet)to a %z-inch iron rod with a cap stamped "Spry 5647"set for the northwest corner of the herein described tract; THENCE North 89 degrees 18 minutes 39 seconds East passing at a distance of 158.32 feet a %-inch iron rod found for the common south corner of Lots 47 and 48, of said Block 8, Windcrest, and continuing for a total distance of 807.52 feet to the northeast corner of the herein described tract, common to the northwest corner of the variable width right-of-way dedication recorded in Document Number D210136452 in the west right-of-way line of Douglas Lane (right-of-way varies); THENCE South 00 degrees 43 minutes 03 seconds East 324.81 feet along the west right-of-way line of said Douglas Lane to an "X" found in a brick column for the southeast corner of the herein described tract common to the southwest corner of the variable width right-of-way dedication recorded in Document Number D210136450 P.R.T.C.T. in the north line of said Tract 6, Smith Addition; THENCE South 89 degrees 57 minutes 33 seconds West 809.07 feet along the north line of said remainder of Tract 6, Smith Addition to the POINT OF BEGINNING and containing 5.942 acres of land. MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL, 4301 CITY POINT DRIVE SEPTEMBER 6, 2018 C.1. ZC 2018-10 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM HAMILTON DUFFY, P.C., FOR A ZONING CHANGE FROM AG AGRICULTURAL TO R-2 SINGLE-FAMILY RESIDENTIAL AT 7125 DOUGLAS LANE, BEING 5.942 ACRES DESCRIBED AS TRACTS 2Z, 2Z1, 2J, AND 2J1, JOHN CONDRA SURVEY, ABSTRACT 311. (CONTINUED FROM THE AUGUST 16, 2018, PLANNING AND ZONING COMMISSION MEETING) DENIED A MOTION WAS MADE BY COMMISSIONER MASON ORR, SECONDED BY VICE CHAIRMAN JERRY TYNER TO REMOVE ZC 2018-10 FROM THE TABLE. MOTION TO REMOVE ZC 2018-10 FROM THE TABLE CARRIED 7-0. Chairman Justin Welborn reopened the public hearing, introduced the item, and called for Planning Manager Clayton Comstock to introduce the request. Mr. Comstock introduced the request. Chairman Welborn called the applicant to present the request. Mark Wood, on behalf of Howe Wood Company, 6617 Precinct Line Road, North Richland Hills, Texas 76182, introduced the property owner, Chester Christopher. Chester Christopher, 7125 Douglas Lane, North Richland Hills, Texas 76182, presented the request. Mr. Wood reapproached the Commission and continued to present the request. Chairman Welborn called for Mr. Comstock to present the staff report. Mr. Comstock presented the staff report. Chairman Welborn and Mr. Comstock discussed how the boundary for the residential estate area was created. Mr. Comstock stated that it was created by staff based on existing contiguous areas of R-1-S and AG zoned properties as well as lot sizes and September 06, 2018 Planning and Zoning Commission Meeting Minutes Page 1 of 4 residential densities. Chairman Welborn announced Planning Technician John Chapman will begin calling individuals who filled out and submitted a public meeting appearance card to speak. Austin Motheral, 7109 Douglas Lane, North Richland Hills, Texas 76182, spoke in opposition to the request. R. Lynn Motheral, 7109 Douglas Lane, North Richland Hills, Texas 76182, spoke in opposition to the request. Jim Buresh, 7124 Douglas Lane, North Richland Hills, Texas 76182, spoke in opposition to the request. Peggy Smith, 7121 Douglas Lane, North Richland Hills, Texas 76182, spoke in opposition of the request. Joyce Goldring, 7009 Douglas Lane, North Richland Hills, Texas 76182, spoke in opposition of the request. Ty Bailey, 7008 Douglas Lane, North Richland Hills, Texas 76182, spoke in opposition to the request. Commissioner Don Bowen asked that all comments be directed to the Commission and concern only the request by the applicant. Ryan McCallion, 7401 Continental Trail, North Richland Hills, Texas 76182, spoke in support of the request. Elaine McCallion, 7401 Continental Trail, North Richland Hills, Texas 76182, spoke in support of the request. Cindy Gorman, 7301 Shadyhollow Lane, North Richland Hills, Texas 76182, spoke in opposition to the request. Debra Turnage, 7015 Douglas Lane, North Richland Hills, Texas 76182, spoke in opposition to the request. Tammy Hart, 7109 Douglas Lane, North Richland Hills, Texas 76182, spoke in opposition of the request. September 06, 2018 Planning and Zoning Commission Meeting Minutes Page 2 of 4 Robin Langley, 7237 Windcrest Lane, North Richland Hills, Texas 76182, spoke in opposition to the request. Jack Reynolds, 6708 Little Ranch Road, North Richland Hills, Texas 76182, spoke in favor of the request. Sylvia Ventura, 6724 Little Ranch Road, North Richland Hills, Texas 76182, spoke in support to the request. Allie Herd, 7109 Douglas Lane, North Richland Hills, Texas 76182, spoke in opposition to the request. Robert Shank, 6113 Douglas Lane, North Richland Hills, Texas 76182, spoke in opposition to the request. Those who did not wish to speak, but registered their opposition to the request: Kathy Mattox, 7112 Windhaven Road, North Richland Hills, Texas 76182; Clifford Mattox, 7112 Windhaven Road, North Richland Hills, Texas 76182; Brooke Allen, 7237 Windcrest Lane, North Richland Hills, Texas 76182; Pam Moon, 7129 Douglas Lane, North Richland Hills, Texas 76182; Marietta Gonzales, 7036 Windhaven Road, North Richland Hills, Texas 76182; Dianne Skinner, 7217 Windcrest Lane, North Richland Hills, Texas 76182; Johnny Darla, 7209 Windcrest Lane, North Richland Hills, Texas 76182; William Mahiu, 7113 Douglas Lane, North Richland Hills, Texas 76182; and Suzanne Bailey, 7008 Douglas Lane, North Richland Hills, Texas 76182. Those who did not wish to speak, but registered their support for the request: Marcia Christopher, 7125 Douglas Lane, North Richland Hills, Texas 76182; Brad Christopher, 7125 Douglas Lane, North Richland Hills, Texas 76182; and Robert Martinson, 6716 Little Ranch Road, North Richland Hills, Texas 76182. Chairman Justin Welborn called for anyone wishing to speak for or against the request the come forward. There being no one wishing to speak, Chairman Welborn closed the public hearing. Commissioner Kathy Luppy commented that the upcoming 2018 comprehensive plan is proposed to be adopted by the end of the year and will likely include a residential estate lot recommendation. Commissioner Mason Orr stated the R-2 zoning request is reasonable. September 06, 2018 Planning and Zoning Commission Meeting Minutes Page 3 of 4 Vice Chairman Jerry Tyner stated he was part of the 2014 joint meeting with City Council when the estate lot subject was first discussed and that he is opposed to the request. Chairman Welborn summarized the applicant's statements concerning the value of the subdivision and this particular property is appropriate to be zoned R-2. A MOTION WAS MADE BY COMMISSIONER DON BOWEN, SECONDED BY COMMISSIONER KATHY LUPPY TO DENY ZC 2018-10. MOTION TO DENY CARRIED 4-3, WITH CHAIRMAN JUSTIN WELBORN, COMMISSIONER SARAH OLVEY, AND COMMISSIONER MASON ORR OPPOSING. September 06, 2018 Planning and Zoning Commission Meeting Minutes Page 4 of 4 MRH CITY COUNCIL MEMORANDUM FROM: Public Works DATE: September 10, 2018 SUBJECT: Consider Ordinance No. 3532 restricting parking on portions of Hawk Avenue. PRESENTER: Caroline Waggoner, City Engineer SUMMARY: The City Council is being asked to approve an Ordinance restricting parking on portions of Hawk Avenue. GENERAL DESCRIPTION: Hawk Avenue is located along the eastern periphery of the Hometown section of North Richland Hills. The roadway bears multiple classifications per the City's Master Thoroughfare Plan and the Hometown Regulating Plan, none of which provide designated on-street parking spaces. Hawk Avenue is an important collector roadway supporting access to Birdville High School, Walker Creek Elementary, the NRH Centre, NYTEX, and nearby Hometown residences. It also provides a connection between Mid-Cities and Boulevard 26. While the majority of the traffic using Hawk is in route to a nearby destination, events at the nearby sports fields and hockey rink sometimes result in demand for on-street parking along Hawk. The intent of this ordinance is to restrict parking in the areas of Hawk where it cannot be safely accommodated. The portion of Hawk from the south side of Walker Creek Elementary to Mid-Cities Boulevard transitions from a C2U Minor Collector (Unnamed Alley to Cardinal) to a C4U Major Collector (Cardinal to Mid-Cities). The portion of Hawk from the unnamed alley to Cardinal Lane is classified as a C2U (Minor Collector). As a minor collector with a width of 40-feet, the roadway can accommodate two or three lanes. In order to better accommodate queuing traffic at Walker Creek Elementary, Hawk Avenue will be restriped to a new three-lane configuration: one travel lane in each direction and a center turn lane. With this modification, on street parking can no longer be accommodated in this section. Although on-street parking is not permitted on C4U roadways with four striped travel lanes, the northern portion of Hawk Avenue is not currently striped as a four lane roadway. The prohibition against on street parking in this section of the roadway is needed to ensure that traffic flow into and out of the signalized intersection is not negatively impacted, whether from a safety or capacity standpoint. MRH If this ordinance is approved, "No Parking" signs will be installed to clearly identify areas where parking is prohibited. RECOMMENDATION: Approve Ordinance No. 3532 � � . y / a � \ � � � ! . %^ « ».« ) » � � ' � { � \ �\ � �\ < � d r / � � ` % ^ � 2 \ �, _. } t , _ . § � � , . � s � \ . : e . , / } : ; � T � I �� } .� \ �� }� � \ � \ \ / z � « ���y £ » ° � . �\ : \ y ��\ \ . \ � � \ \ . \ } \ . , �; . � : \ � / ; . . , � - . : _ : � «��»d} , . \ � ° � ;� ) < : 3, , . f ! \ '° � 2 } IVIL H Public Works/Engineering CITY OF NORTH MCHLANI) HILLS TO: Maleshia McGinnis, City Attorney FROM: Caroline Waggoner, P.E., City Engineer SUBJECT: Hawk Avenue Parking Restrictions DATE: August 28, 2018 Hawk Avenue (Mid-Cities to Grand) is a 2,900 linear foot street including both divided and undivided sections with both traditional collector street designations (C2U/C4U) on the Thoroughfare Plan as well as Hometown's ST-60-31 designation on the Town Center Regulating Plan. There are no designated (marked) parking spaces at any point along the roadway, although on-street parking is allowed in some areas. Hawk Avenue is designed to accommodate two-way traffic without interference from on-street parking in the traditional C21LI and C41.1 areas between Mid-Cities and the unnamed alley located south of Walker Creek Elementary. With the development of the Hometown Canal District in 2017/2018, one new street connection and two new alley connections were approved on the west side of Hawk Avenue north of Walker Creek Elementary. Hawk Avenue is also the location of Walker Creek's parent drop off/pick up and experiences traffic backup during school peak times as a result. In light of the overall increase in traffic in the area coupled with school-specific circulation needs, it is appropriate to restrict on-street parking along Hawk Avenue to preserve travel lanes, eliminate driver confusion, and provide optional lane configurations to maximize capacity. Please accept the following justification for enforcement of parking restrictions on Hawk Avenue in the Hometown area of North Richland Hills. Ernergency__Access: Hawk Avenue abuts commercial and institutional development, including a high school, an elementary school, an indoor sports/entertainment venue (Nytex) and a municipal recreation and events center. It is critical that the City's Emergency Services be able to access and service these facilities via Hawk Avenue with an appropriate fire lane width of at least 20'. Intersection Visibility / Capacity: Hawk Avenue has a number of local street connections, as well as a major signalized intersection with Mid-Cities Boulevard. These roadway and access drive intersections must be kept clear to ensure drivers 4301 City Point Drive North Richland Hills, I exas 76180 (817)427-6400 Fax(817)427-6404 N IRL RH Public Works/ Engineering CITY OF NORTH RICHLAND HILLS can see oncoming traffic prior to entering the roadway. In the case of the Mid- Cities intersection, the portion of Hawk located north of Cardinal and south of Mid- Cities is a C41.1, which does not allow on-street parking when striped for four lanes. This northernmost portion of Hawk should remain free of parked vehicles so as not to restrict the flow of traffic through the Mid-Cities signal. Lane Conficturation: In August/September 2018 Hawk Avenue will be restriped to allow for a center turn lane immediately east of Walker Creek Elementary. This change from a wide two-lane section to a three-lane section will prevent queuing school traffic from blocking through traffic on Hawk. As a result, there is not sufficient room to accommodate any on-street parking in this area. The recommended parking restrictions should apply to the following portions of Hawk Avenue, in addition to any existing parking restrictions. 1. West side of Hawk Avenue: a. Beginning at Mid-Cities Boulevard and extending 100 linear feet south. b. Beginning 50' south of Ice House Drive (at the southern end of an existing no-parking zone) and extending south 1,200 linear feet to an unnamed alley located south of Walker Creek Elementary 2. East side of Hawk Avenue: a. Beginning 50' north of the current Birdville High School driveway (at the northern end of an existing no-parking zone) and extending north 370 linear feet to Mid-Cities Boulevard b. Beginning 100' north of Bud Jensen and extending south 720 linear feet along Hawk Avenue to a point opposite the unnamed alley located south of Walker Creek Elementary. ... ... ... . 00 0 ..... ..... tt % %...... ......... .r 4301 City Point Drive North Richland Hills,'rexas 76180 (&1'7)427-6400 Fax(817)427-6404 ORDINANCE NO. 3532 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING SECTION 56-166 OF THE CODE OF ORDINANCES OF THE CITY OF NORTH RICHLAND HILLS AND PROHOBITING PARKING ON PORTIONS OF HAWK AVENUE; ESTABLISHING A PENALTY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEAL CONFLICTING PROVISIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, It has been determined by City staff that parking at the designated locations hereafter described creates unacceptable traffic hazards; and WHEREAS, Hawk Avenue abuts a series of high traffic generators including a high school, an elementary school, an indoor sports/entertainment venue, and a municipal recreation and events center; and WHEREAS, It is critical that parking be restricted in some areas so as to prevent traffic congestion and to ensure that the City's emergency services are able to access facilities along this roadway with an appropriate fire lane width; and WHEREAS, The City Council finds that the establishment of parking restrictions is in the best interest of the health, safety and welfare of the traveling public and citizens of North Richland Hills. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: Section 1: The facts and recitations set forth in the preamble of this Ordinance are hereby found to be true and correct and are incorporated herein into this Ordinance. Section 2: Section 54-166(a) of the North Richland Hills Code of Ordinances is hereby amended by revising Subsections (41), (42) and (43) and adding new Subsection (47) which shall read as follows: Sec. 54-166 On-Street Parking Prohibited. (a) Prohibited in specific locations. The parking of any vehicle at the following locations is prohibited: (41) West side of Hawk Avenue from its intersection with Mid-Cities Blvd, extending 100 linear feet south. (42) West side of Hawk Avenue from a point 50 feet North of Ice House Drive south to an unnamed alley located South of Walker Creek Elementary, spanning 1,300 linear feet south. Ordinance No.3532 Page 1 of 3 (43) East side of Hawk Avenue from its intersection with Mid-Cities Blvd, extending 500 linear feet south to a point 50 feet south of the Birdville High School driveway. (47) East side of Hawk Avenue from 100 feet north of Bud Jensen Drive south to a point across from an unnamed alley located South of Walker Creek Elementary, spanning 670 linear feet south. Section 3: The City's Engineer, or his/her designated representative, is hereby authorized and directed to place or cause to be placed, appropriate traffic control devices, curb markings, and appropriate signs to effectuate the establishment of the prohibited parking areas as herein provided. Section 4: Any person, firm or corporation violating Section 54-166(a)(41), (42), (43) or (47) of the North Richland Hills Code of Ordinances shall be deemed guilty of a misdemeanor and upon final conviction thereof shall be fined in an amount not to exceed Two Hundred Dollars ($200.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and be punishable hereunder. Section 5: This Ordinance shall be cumulative of all provisions of the Code of Ordinances of the City of North Richland Hills, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. Section 6: It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Section 7: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances in the Code of Ordinances of the City of North Richland Hills that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 8: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Ordinance No.3532 Page 2 of 3 Section 9: This ordinance shall be in full force and effect upon publication as required by Section 8 herein. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 101h day of September, 2018. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary Approved as to Form and Legality: Maleshia McGinnis, City Attorney Ordinance No.3532 Page 3 of 3 MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 10, 2018 SUBJECT: Consider Ordinance No. 3530, adopting the tax rate for Tax Year 2018. PRESENTER: Robert Myers, Budget Director SUMMARY: The City Council is requested to consider the adoption of an ordinance setting the maintenance and operations (M&O) tax rate for Tax Year 2018 at $0.327088 and the debt service tax rate (I&S) at $0.257912, for a combined total tax rate of $0.585 per $100 of valuation. GENERAL DESCRIPTION: The proposed Tax Year 2018 (Fiscal Year 2018/2019) property tax rate for the city of North Richland Hills is $0.585 per $100 of valuation. This tax rate exceeds the effective tax rate of $0.553160 but remains below the rollback rate. The proposed tax rate is distributed into two components as follows: • $0.327088 for the purpose of maintenance and operations; and $0.257912 for the purpose of tax supported debt principal and interest payments. Adopting Ordinance No. 3530 would set the tax rate for Tax Year 2018 at $0.585 per $100 of valuation. If adopted, the tax rate will be reduced by $0.005 from the Tax Year 2017 tax rate of$0.59 per $100 of valuation. State law requires specific language to be included in the ordinance adopting the tax rate if the ordinance sets a tax rate that will impose an amount of taxes for maintenance and operations that exceeds the taxes imposed for that purpose in the preceding year. If adopted, the $0.585 tax rate would impose more total property taxes for the purpose of maintenance and operations, which makes the additional language mandatory. Since the proposed tax rate of $0.585 exceeds the effective tax rate of $0.553160, new legislation requires 60% of the members of the City Council to vote in favor of the ordinance setting the property tax rate for it to pass. Although only voting in the case of a tie, the Mayor counts toward Council membership in regard to calculating the required 60%. In order for the ordinance to pass, 5 members of the City Council must vote in favor of the ordinance. If Council chooses to adopt the proposed tax rate of $0.585, staff requests the following three motions be made, each followed by a Council vote: MRH 1. "I move that the property tax rate for Maintenance and Operations be set at 32.7088 cents per $100 of valuation" 2. "1 move that the property tax rate for Interest and Sinking be set at 25.7912 cents per $100 of valuation" 3. "1 move to approve Ordinance No. 3530, and that the property tax rate be increased by the adoption of a tax rate of 58.5 cents, which is effectively a 5.76 percent increase in the tax rate." RECOMMENDATION: Vote to set the Maintenance and Operations component of the tax rate at $0.327088, vote to set the Interest and Sinking component of the tax rate at $0.257912, and approve Ordinance No. 3530, setting the combined Tax Year 2018 tax rate at $0.585. ORDINANCE NO. 3530 AN ORDINANCE SETTING THE TAX RATE; LEVYING AND ASSESSING GENERAL AND SPECIAL AD VALOREM TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS; APPORTIONING THE LEVIES FOR SPECIFIC PURPOSES; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Manager of the City of North Richland Hills submitted a tax rate proposal to the City Council prior to the beginning of the fiscal year, and in said tax rate proposal set forth the estimated necessary tax rate required to provide adequate revenues for the general use and support of the Municipal Government of the City of North Richland Hills; and WHEREAS, the City Council finds that all provisions pertaining to the adoption of an ad valorem tax rate have been in all things complied with; and WHEREAS, Public Hearings were held by the City Council for the City of North Richland Hills on August 27, 2018 and September 5, 2018; and WHEREAS, after a full and final consideration, the City Council is of the opinion that the tax rate should be approved and adopted; and WHEREAS, the taxes have been levied in accordance with the adopted fiscal year 2019 budget as required by state law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: SECTION 1. There shall be and there is hereby levied and assessed and there shall be collected for the tax year 2018 for the general use and support of the Municipal Government of the City of North Richland Hills, Texas a total ad valorem tax of Fifty-Eight and One-Half Cents ($0.585) on each One Hundred Dollars ($100.00) of valuation of property — real and personal — within the corporate limits of City of North Richland Hills, Texas, subject to taxation. The assessment ration shall be One Hundred percent (100°/x). SECTION 2. The taxes collected shall be apportioned for the use as follows: (a) For maintenance and operations levied on the $100.00 valuation; $0.327088; and Ordinance No. 3530 Page 1 of 3 (b) For interest and sinking levied on the $100.00 valuation; $0.257912. All monies collected and hereby apportioned and set apart for the specific purposes indicated and the funds shall be accounted for in such a manner as to readily show balances at any time. SECTION 3. That the tax rate for maintenance and operations of $0.327088 will impose an amount of taxes that exceeds the amount of taxes imposed for that purpose in the preceding year, therefore: THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. SECTION 4. That the maintenance and operations tax rate of $0.327088 exceeds the effective maintenance and operations rate of$0.307218, therefore: THIS TAX RATE WILL EFFECTIVELY BE RAISED BY 6.47 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $19.87. SECTION 5. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. this ordinance shall be in full force and effect from and after its passage as provided by law, and it is so ordained. PASSED AND APPROVED on this the 10th day of September, 2018. Ordinance No. 3530 Page 2 of 3 CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Robert Myers, Budget & Research Director Ordinance No. 3530 Page 3 of 3 MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 10, 2018 SUBJECT: Consider Ordinance No. 3531, adopting the 2018/2019 Proposed Budget and amending the 2017/2018 Revised Budget PRESENTER: Robert Myers, Budget Director SUMMARY: The City Council is requested to consider the approval of an ordinance adopting the following: • Fiscal Year 2018/2019 Annual Budget and Plan of Municipal Expenditures; • Fiscal Year 2017/2018 Revised Annual Budget and Plan of Municipal Expenditures; • Fiscal Year 2018/2019 Capital Projects Budget; and • Fiscal Year 2017/2018 Capital Project Amendments. GENERAL DESCRIPTION: The proposed budget for Fiscal Year (FY) 2018/2019 was filed with the City Secretary's Office and also made available at the NRH Public Library and on the city's website. The city has posted all required publications. In order to receive additional public comment, a public hearing was held on Monday, August 27, 2018. This public hearing included the FY 2018/2019 Proposed Budget and FY 2017/2018 Revised Budget. The FY 2018/2019 General Fund budget is based on a $0.585000 tax rate. Of this $0.585000 tax rate, $0.327088 is dedicated for General Fund maintenance and operations. The interest and sinking portion of the tax rate, which is used to pay principal and interest on tax supported debt issued by the city, is $0.257912. Revisions have been made to the FY 2017/2018 revenues and expenditures to reflect the most current estimates. The FY 2017/2018 Revised Annual Operating Budget and FY 2018/2019 Proposed Operating Budget for all funds are: MRH 2017/2018 2018/2019 Fund Revised Proposed General Fund $47,565,387 $48,363,805 Debt Service Fund $11,762,764 $12,187,902 Tax Increment Financing Fund $2,951,968 $2,344,711 Park & Rec Facilities Development Fund $9,091,172 $8,949,141 Crime Control District Fund $5,426,880 $5,567,958 Promotional Fund $287,939 $285,500 Donations Fund $406,547 $298,388 Special Investigations Fund $265,600 $261,325 Drainage Utility Fund $1,340,858 $1,649,755 Gas Development Fund $528,300 $528,300 Traffic Safety Fund $1,061,792 $1,096,015 Utility Fund $36,130,719 $35,364,459 Aquatic Park Fund $4,581,259 $4,568,509 Golf Course Fund $2,491,415 $2,601,454 Facilities/Construction M mt. Fund ' $3,014,120 $2,985,340 Fleet Services Fund (1) $4,849,611 $4,591,313 Information Services Fund $3,541,735 $3,641,821 Self Insurance Fund fit) $14,252,255 $15,058,070 Each of these funds are Internal Service Funds. They receive revenue in the form of allocations from other operating funds, which are used to cover the majority of expenses within each Internal Service Fund. While necessary to appropriate the funds in the manner above, it should be noted that the majority of expenses funded within each Internal Service Fund are also reflected as expenditures/expenses (the allocation) within the contributing funds. In addition, resources such as interest income, other income and fund balance are also used to offset any expenses in excess of these allocations. The FY 2018/2019 Proposed Capital Improvements Budget totals $11,442,157. The breakdown between project categories is as follows: Category 2018/2019 Proposed Street & Sidewalk Capital Projects $2,865,000 Drainage Capital Projects $230,000 Utility Capital Projects $1,755,000 Parks & Recreation Capital Projects $658,000 Aquatic Park Capital Projects $100,000 Facility Capital Projects $212,000 Major Capital Equipment Projects $4,441,500 Economic Development Projects $750,000 CIP Personnel $336,657 Other Capital Projects $94,000 MRH Over the course of the 2017/2018 fiscal year, several projects were revised. Staff is requesting an amendment to the FY 2017/2018 Capital Projects Budget to include the changes summarized below. Detailed revision forms have been included in the attachment to this agenda item. STREET & SIDEWALK CAPITAL PROJECTS Adopted Budget 2017-18 Project Project Through Revision Revised Number Name 2017-18 2017-18 Budget CDBG16 Lynda Court(CDBG) $261,821 ($35,000) $226,821 CDBG18 Meadow Court Road Reconstruction 247,837 60,619 308,456 CDBG19 Reconstruction of Schiller Drive(CDBG) 0 35,000 35,000 PW 1602 Meadow Lakes Drive&Rufe Snow Drive Intersection 1,315,000 (250,000) 1,065,000 S70102 Rufe Snow Dr.Street&Utility Imp.(Karen Drive to I.H.820) 1,535,950 (60,000) 1,475,950 ST0401 Davis Blvd/Mid-Cities Blvd Intersection 6,702,744 656,487 7,359,231 ST1101 Main Street Streetscaping Project 66,000 (66,000) 0 ST1102 Main St.Streetscaping&Snider St.Extension Project 2,800,050 66,000 2,866,050 ST1201 Rufe Snow Drive&Glenview Drive Intersection Improvements 2,185,000 (500,000) 1,685,000 ST1203 Smithfield Road/Davis Boulevard Intersection Improvements 70,000 (33,640) 36,360 ST1304 Smithfield Road(Davis to Mid-Cities Blvd.) 2,200,000 1,143,640 3,343,640 Sub-Total $17,384,402 $1,017,106 $18,401,508 DRAINAGE CAPITAL PROJECTS Adopted Budget 2017-18 Project Project Through Revision Revised Number Name 2017-18 2017-18 Budget CDBG16 Lynda Court(CDBG) $261,821 ($35,000) $226,821 CDBG18 Meadow Court Road Reconstruction 247,837 60,619 308,456 CDBG19 Reconstruction of Schiller Drive(CDBG) 0 35,000 35,000 PW 1602 Meadow Lakes Drive&Rufe Snow Drive Intersection 1,315,000 (250,000) 1,065,000 ST0102 Rufe Snow Dr.Street&Utility Imp.(Karen Drive to I.H.820) 1,535,950 (60,000) 1,475,950 ST0401 Davis Blvd/Mid-Cities Blvd Intersection 6,702,744 656,487 7,359,231 ST1101 Main Street Streetscaping Project 66,000 (66,000) 0 ST1102 Main St.Streetscaping&Snider St.Extension Project 2,800,050 66,000 2,866,050 ST1201 Rufe Snow Drive&Glenview Drive Intersection Improvements 2,185,000 (500,000) 1,685,000 ST1203 Smithfield Road/Davis Boulevard Intersection Improvements 70,000 (33,640) 36,360 ST1304 Smithfield Road(Davis to Mid-Cities Blvd.) 2,200,000 1,143,640 3,343,640 Sub-Total $17,384,402 $1,017,106 $18,401,508 UTILITY CAPITAL PROJECTS Adopted Budget 2017-18 Project Project Through Revision Revised Number Name 2017-18 2017-18 Budget CDBG17 Harmonson Road Sanitary Sewer Improvements $771,000 ($170,000) $601,000 UT1307 Sanitary Sewer System Rehabilitation of Main Lines(Phase 11) 1,125,000 (110,000) 1,015,000 UT1607 Walker Branch 4,816,525 1,200,000 6,016,525 Sub-Total $6,712,525 $920,000 $7,632,525 MRH PARKS & RECREATION CAPITAL PROJECTS Adopted Budget 2017-18 Project Project Through Revision Revised Number Name 2017-18 2017-18 Budget PK9602 Little Bear Creek Trail Development(John Barfield Trail Dev) $2,731,342 ($239,102) $2,492,240 PK9601 Calloway Branch Trail Development $1,484,311 ($82,848) 1,401,463 PK1507 Richland Tennis Center Infrastructure Maintenance(2015) $59,900 ($8,226) 51,674 PK1607 Richland Tennis Center Infrastructure Maintenance(2016) $30,000 ($448) 29,552 PK1704 Richland Tennis Center Infrastructure Maintenance(2017) $18,000 ($831) 17,169 PK1804 Park Infrastructure Maintenance(2018) $292,400 $9,505 301,905 PK1603 Northfield Park Renovation 6,083,521 33,138 6,116,659 PK1806 Trail and On-Road Safety Projects $771,618 ($41,075) 730,543 Sub-Total $11,471,092 ($329,887) $11,141,205 MAJOR CAPITAL EQUIPMENT Adopted Budget 2017-18 Project Project Through Revision Revised Number Name 2017-18 2017-18 Budget IS1402 Replacement of the Fuel Management Software System $90,000 $45,025 $135,025 IT1702 Public Safety Technology 1,306,000 0 1,306,000 Sub-Total $1,396,000 $45,025 $1,441,025 OTHER CAPITAL PROJECTS Adopted Budget 2017-18 Project Project Through Revision Revised Number Name 2017-18 2017-18 Budget ES0901 Neighborhood Initiative Program $252,158 $61,000 $313,158 Sub-Total $252,158 $61,000 $313,158 The City of North Richland Hills Crime Control and Prevention District Board of Directors conducted a budget work session on Friday, August 3, 2018 to review the FY 2017/2018 Revised Budget and the FY 2018/2019 Proposed Budget. The Board met and held a public hearing on Monday, August 27, 2018 prior to the City Council meeting. The Board adopted the FY 2017/2018 Revised Budget and the FY 2018/2019 Proposed Budget and recommended adoption by the City Council. The Park and Recreation Facilities Development Corporation Board of Directors met on August 27, 2018 to hold public hearings on the FY 2017/2018 Revised and FY 2018/2019 Proposed Operating and Capital Budgets. The Board approved the Operating and Capital Budgets for both the FY 2017/2018 Revised and FY 2018/2019 Proposed Budget and recommended City Council adoption. The North Richland Hills City Council conducted a budget work session on Friday, August 3, 2018 to review the FY 2017/2018 Revised Budget and the FY 2018/2019 Proposed Budget for all funds. The City Council met and held a public hearing on these budgets on Monday, August 27, 2018 at the regular City Council meeting for the purpose of receiving public comment. Copies of the revised and proposed budget were filed with the City Secretary's Office and are also available at the NRH Public Library and on the City's website. All of these sources are still available for public inspection. MRH RECOMMENDATION: Approve Ordinance No. 3531, adopting the Fiscal Year 2018/2019 Proposed Operating Budget, amending the 2017/2018 Operating Budget, adopting the Fiscal Year 2018/2019 Capital Projects Budget, and amending the 2017/2018 Capital Projects Budget. ORDINANCE NO. 3531 AN ORDINANCE ADOPTING THE BUDGET FOR THE FISCAL YEAR OCTOBER 1, 2018 THROUGH SEPTEMBER 30, 2019, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF NORTH RICHLAND HILLS, TEXAS; PROVIDING FOR THE FILING OF THE BUDGET; ADOPTING THE AMENDED BUDGET FOR OCTOBER 1, 2017 THROUGH SEPTEMBER 30, 2018, PROVIDING FOR INVESTMENTS AND TRANSFERS; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of North Richland Hills is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Manager of the City of North Richland Hills submitted an amended budget for the fiscal year beginning October 1, 2017, and ending September 30, 2018 to the City Council as required by the City Charter of the City of North Richland Hills; and WHEREAS, the City Manager of the City of North Richland Hills submitted a proposed budget for the ensuing fiscal year beginning October 1, 2018, and ending September 30, 2019 to the City Council at least forty-five (45) days prior to the beginning of the fiscal year as required by the City Charter of the City of North Richland Hills; and WHEREAS, the proposed budget meets the requirements of Title 4, Chapter 102, Section 102.003 of Texas Local Government Code; and WHEREAS, the City Council finds that all provisions pertaining to the adoption of the proposed budget and approval of the amended budget contained in the City Charter and in state law have been, in all things complied with; and WHEREAS, in accordance with Section 102.001, et seq, Texas Local Government, the City Council determined that a public hearing should be held at a time and place which was set forth in a notice published as required by law; and WHEREAS, such public hearing on the budget was duly held on August 27, 2018, and all taxpayers were given an opportunity to attend and participate in such public hearing; and WHEREAS, after full and final consideration, the City Council is of the opinion that the budget should be approved and adopted. Ordinance No. 3531 Page 1 of 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: SECTION 1. The budget of revenues and expenditures of the City of North Richland Hills for the Fiscal Year beginning October 1, 2018 and ending September 30, 2019, as set forth in Attachments A and B, operating and capital projects budgets for FY 2018/2019, is hereby adopted and approved as the said City of North Richland Hills budget for the Fiscal Year beginning the first day of October, 2018, and ending the thirtieth day of September, 2019. SECTION 2. The revised budget of revenues and expenditures of the City of North Richland Hills for the Fiscal Year beginning October 1, 2017 and ending September 30, 2018, as set forth in Attachments A and B, operating and capital projects budgets for FY 2017/2018, is hereby amended. SECTION 3. The budget for Fiscal Year 2018/2019 and the amended budget for Fiscal Year 2017/2018 are on file with the City Secretary in accordance with state law and the City Charter. SECTION 4. The City Manager is hereby authorized to make inter-departmental and inter-fund transfers during the fiscal year as deemed necessary in order to avoid over-expenditure of particular accounts. SECTION 5. The City Manager, or his designee, is hereby authorized to invest any funds not needed for current use in any lawful manner. Interest accrued from investments shall be deposited to the interest income account of the funds from which the principal was invested. SECTION 6. This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances, City of North Richland Hills, Texas, as amended, except where the provisions are in direct conflict with the provisions of other ordinances, in which event the conflicting provisions of the other ordinances are hereby repealed. SECTION 7. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Ordinance No. 3531 Page 2 of 3 SECTION 8. This ordinance shall be in full force and effect from and after its passage as provided by law, and it is so ordained. PASSED AND APPROVED on this the 10th day of September, 2018. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Robert Myers, Budget & Research Director Ordinance No. 3531 Page 3 of 3 MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 10, 2018 SUBJECT: Consider ratifying an increase in property tax revenues reflected in the Fiscal Year 2018/2019 adopted budget. PRESENTER: Robert Myers, Budget Director SUMMARY: State law requires that when adopting a budget that will raise more revenue from property taxes than in the previous year, a separate vote of the governing body is required to ratify the property tax increase reflected in the budget. GENERAL DESCRIPTION: When adopting a budget that generates more revenue from property taxes than in the previous year, state law requires the city to state the increase in property tax revenue, no matter what the cause; whether the increase is based on increased property values, new construction or an increased tax rate. The Fiscal Year 2018/2019 Budget includes a proposed tax rate of $0.585 per $100 of valuation, which is a decrease of $0.005 from the prior fiscal year. An increase in certified taxable values, and the addition of new construction values, results in increased total property tax revenues for the city. The language required to appear as a cover page to the budget document by state law is as follows: This budget will raise more total property taxes than last year's budget by $2,331,674 or 7.92 percent, and of that amount $454,771 is tax revenue to be raised from new property added to the tax roll this year. As a result of the additional total property tax revenue, the aforementioned legislation requires the governing body to ratify the property tax increase reflected in the adopted budget. The vote to ratify this property tax increase must be a record vote and separate from the vote to adopt the budget and the vote to set the tax rate. RECOMMENDATION: Ratify the increase in property tax revenues. MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 10, 2018 SUBJECT: Consider Resolution No. 2018-027, approving and ratifying the 2018 Certified Tax Roll PRESENTER: Robert Myers, Budget Director SUMMARY: State law requires the legislative body to ratify the Certified Tax Roll as a separate action item during the budget and tax rate approval process. GENERAL DESCRIPTION: The Tarrant Appraisal District provided the city with the 2018 Certified Tax Roll. This includes the most current appraisal information; exemptions for disabled veterans, persons over 65, homestead and disabled persons; tax ceilings for persons over 65 and disabled persons; abatement value losses; Freeport inventory value loss; and agriculture value lost. These values also include new construction, minimum value of properties still under protest, and the estimated net taxable value of incomplete property accounts. The certified value is the amount used to calculate the effective tax rate and property tax revenues for the Fiscal Year 2018/2019 Budget. The certified tax roll reflected estimated net taxable value for North Richland Hills in the amount of $5,650,605,158. This includes $77,738,650 in taxable new construction. The certified taxable values for the City of North Richland Hills are broken down into the following categories: Category I Values Residential 3,615,658,583 Commercial 1,695,520,930 Personal Property Commercial 27,218,496 Personal Property Industrial 341,654,504 Industrial 28,309,381 Mineral Lease 1,640,730 Agriculture 138,348 Cases before ARB (121,651,277) Estimated Value of Cases before ARB 85,155,894 Incompleted Accounts (76,801,436) Estimated Value of Incomplete Accounts 53,761,005 Certified Taxable Value 5,650,605,158 MRH Also included in the certified values received from the Tarrant Appraisal District is information on the average market value of a single family residence within North Richland Hills. Excluding those properties under protest at the time the certified roll was issued, the average market value of a single family residence in North Richland Hills is $237,174. This is an increase of $15,032 compared to the 2017 average single family residence market value of$222,142. The average taxable value on the same properties is $183,888, compared to $169,596 in the previous year; a change of$14,292. The increase in the average home value is due in part to increased appraisals, as well as the higher value of new homes added to the property tax rolls. RECOMMENDATION: Approve Resolution 2018-027, approving and ratifying the 2018 Certified Tax Roll. RESOLUTION NO. 2018-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, APPROVING AND RATIFYING THE 2018 TAX ROLL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council of the City of North Richland Hills, Texas received the Ad Valorem Tax Roll for the Tax Year 2018 from the Tarrant Appraisal District in the amount of $5,650,605,158, including minimum value or properties pending disposition before the Appraisal Review Board and the estimated net taxable value on incomplete properties; and WHEREAS, the City Council studied said Tax Roll and approved the same on September 10, 2018. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. That the approval of said Tax Roll received from the Tarrant Appraisal District in July 2018, be and is hereby ratified and said Tax Roll shall be considered the Tax Roll of this City for Tax Year 2018 and it is hereby in all things adopted and approved. PASSED AND APPROVED this the 10th day of September, 2018. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia McGinnis, City Attorney APPROVED AS TO CONTENT: Robert Myers, Budget & Research Director Tarrant Appraisal Oisrict Jeff Law, Chief Appraiser CITY OF N RICHLAND HILLS 018 Appraisal Roll Information Valuation Summary as of July 20, 2018 2018 Certified Property Information I, Jeff Law, Chief Appraiser for the Tarrant Appraisal District, to the best of my ability do solemnly swear that the attached is that portion of the appraisal roll for the Tarrant Appraisal District which lists property taxable by the above named entity and constitutes their Certified Appraisal Roll. APPRAISED VALUE (Considers Value Caps) - --- - --- - --- --- - --- --- - --> $ 6,927,461,437 Number of Accounts: 62,974 Absolute Exemptions $428,700,070 Cases before ARE,—Appraised Value $ 127,060,962 Incompletes $ 118,978,455 Partial Exemptions $ 741,033,690 In Process $ NET TAXABLE VALUE - --- - --- --- - --- - --- --- --- - - -- - --- --- --- - - > $ 5,511,688,260 Appraised Value minus Absolute Exemption amount, minus Cases before ARB amount, minus Incompletes, minus Partial Exemptions, minus the In Process accounts equals the Net Taxable Value. ESTIMATED NET TAXABLE VALUE - --- --- - -- - --- --- - - --- --- - -- --- -> $ 5,650,605,158 Including suggested values to be used for pending ARB accounts (see page two), Incompletes (see page three) and In Process accounts (see page four). Jeff aw, ief Appraiser Tarrant Appraisal District 2500 Handley Ederville Road - Fort Worth, Texas 76118 - 817.284.0024 1 Tarrant Appraisal Oisrict Jeff Law, Chief Appraiser CITY OF N RICHLAND HILLS 018 Appraisal Roll Information Valuation Summary as of July 20, 2018 2018 Appraisal Review Board Information Section 25.01 (c) of the State Property Tax code directs the Chief Appraiser to prepare a list of all properties under protest with the Appraisal Review Board and pending disposition at the time of value roll certification. The values below are from the ARB roll and are not included in the totals by the Chief Appraiser and represented on page 1 of this report. $ 127,060,962 Total appraised value of properties under protest. $ 121,651,277 Net taxable value of properties under protest. $ 85,155,894 Estimated minimum taxable value for the same properties. This value should be added to the net taxable value on page one. Tarrant Appraisal District 2500 Handley Ederville Road - Fort Worth, Texas 76118 - 817.284.0024 2 Tarrant Appraisal Oisrict Jeff Law, Chief Appraiser CITY OF N RICHLAND HILLS 018 Appraisal Roll Information Valuation Summary as of July 20, 2018 2018 Incomplete Property Information Section 26.01(d) of the State Property Tax Code directs the Chief Appraiser to prepare a list of all properties that are not on the appraisal roll and not included on the ARB roll. The values below are from the incomplete property listing and are not included in the totals by the Chief Appraiser and represented on page 1 of this report. The value of incomplete properties are subject to change and are also subject to appeal before the Appraisal Review Board. $ 118,978,455 Total appraised value of incomplete properties $ 76,801,435 Net taxable value of properties under of incomplete properties. $ 53,761,005 Estimated minimum taxable value for the same properties. This value should be added to the net taxable value on page one Tarrant Appraisal District 2500 Handley Ederville Road - Fort Worth, Texas 76118 - 817.284.0024 3 Tarrant Appraisal Oisrict Jeff Law, Chief Appraiser CITY OF N RICHLAND HILLS 018 Appraisal Roll Information Valuation Summary as of July 20, 2018 2018 In Process Property Information The values below are from In Process properties and are not included in the totals by the Chief Appraiser and represented on page 1 of this report. Total appraised value of In Process properties Estimated net taxable value of In Process properties. This value should be added to the net taxable value on page one. Tarrant Appraisal District 2500 Handley Ederville Road - Fort Worth, Texas 76118 - 817.284.0024 4 Tarrant Appraisal District a¢ CITY OF N RICHLAND HILLS 018 Totals for Roll Instance 000 -July Roll 2018 Value Detail Market Appraised Counts Taxable Real Estate Residential 4,630,833,439 4,355,697,880 20,913 3,615,658,583 Real Estate Commercial 2,116,508,756 2,116,508,756 1,563 1,695,520,930 Real Estate Industrial 27,218,496 27,218,496 17 27,218,496 Personal Property Commercial 392,810,455 392,810,455 1,795 341,654,504 Personal Property Industrial 32,712,662 32,712,662 13 28,309,381 Mineral Lease Properties 2,374,840 2,374,840 38,639 1,640,730 Agricultural Properties 19,141,108 138,348 34 138,348 Total Value 7,221,599,756 6,927,461,437 62,974 5,710,140,972 Pending Detail Market Appraised Counts Taxable Cases Before ARB 129,418,920 127,060,962 410 121,651,277 I ncomplete Accounts 119,024,463 118,978,455 565 76,801,435 In Process Accounts 0 0 0 0 Certified Value 6,973,156,373 6,681,422,020 61,999 5,511,688,260 7/19/2018 9:25:15 AM Page 66 of 389 Exemption Detail Market Exempt Counts Appraised Absolute Public 283,980,719 283,980,719 711 283,980,719 Absolute Charitable 15,700,180 15,700,180 27 15,700,180 Absolute Miscellaneous 0 0 0 0 Absolute Religious& Private Schools 129,019,171 129,019,171 75 129,019,171 Indigent Housing 0 0 0 0 Nominal Value 493,506 493,506 24,695 493,506 Disabled Vet 10-29% 18,609,561 379,250 76 17,472,895 Disabled Vet 30-49% 8,577,815 277,500 37 8,029,121 Disabled Vet 50-69% 15,749,340 580,000 58 14,838,670 Disabled Vet 70-99% 80,591,572 3,930,000 329 73,924,716 Disabled Vet 100% 28,590,277 18,936,714 104 26,364,157 Surviving Spouse Disabled Vet 100% 3,402,711 1,555,909 16 2,999,742 Donated Disabled Vet 0 0 0 0 Surviving Spouse Donated Disabled Vet 0 0 0 0 Surviving Spouse KIA Armed Service Member 0 0 0 0 Transfer Base Value for SS Disable Vet 440,758 328,164 2 440,543 Inventory 31,159,763 4,332,253 3 31,159,763 Homestead State Mandated-General 0 0 0 0 Homestead State Mandated-Over 65 0 0 0 0 Homestead State Mandated-Disabled Person 0 0 0 0 Homestead Local Option-General 3,655,078,095 507,027,493 14,935 3,382,346,502 Homestead Local Option-Over 65 1,208,029,220 182,593,096 5,179 1,092,165,136 Homestead Local Option-Disabled Person 51,582,122 8,801,529 252 46,705,289 Solar&Wind Powered Devices 1,197,041 5 5 1,093,363 Pollution control 0 0 0 0 Community Housing Development 0 0 0 0 Abatements 0 0 0 0 Historic Sites 0 0 0 0 Foreign Trade Zone 0 0 0 0 Misc Personal Property(Vehicles, etc.) 12,164,382 11,798,271 4 12,164,382 Surviving Spouse of First Responder KLD 0 0 0 0 Transfer Base Value SS KIA Armed Service 0 0 0 0 Member Transfer Base Value SS of First Responder 0 0 0 0 KLD Total Exemptions 1,169,733,760 46,508 Deferrals Market Deferred Counts Appraised Ag Deferrals 19,025,748 19,002,760 34 22,988 Scenic Deferrals 0 0 0 0 Public Access Airports 0 0 0 0 Other Deferrals 0 0 0 0 Total Deferrals 19,025,748 19,002,760 34 22,988 7/19/2018 9:25:15 AM Page 67 of 389 New Exemptions Market Exempt Counts Appraised Absolute Public 261,852 261,852 3 261,852 Absolute Charitable 0 0 0 0 Absolute Miscellaneous 0 0 0 0 Absolute Religious& Private Schools 0 0 0 0 Indigent Housing 0 0 0 0 Nominal Value 0 0 0 0 Disabled Vet 10-29% 1,550,990 20,000 4 1,550,990 Disabled Vet 30-49% 1,672,814 52,500 7 1,623,837 Disabled Vet 50-69% 2,330,703 70,000 7 2,330,703 Disabled Vet 70-99% 7,122,278 300,000 25 7,014,268 Disabled Vet 100% 1,413,787 1,022,618 6 1,408,434 Surviving Spouse Disabled Vet 100% 0 0 0 0 Donated Disabled Vet 0 0 0 0 Surviving Spouse Donated Disabled Vet 0 0 0 0 Surviving Spouse KIA Armed Service Member 0 0 0 0 Transfer Base Value for SS Disable Vet 0 0 0 0 Inventory 0 0 0 0 Homestead State Mandated-General 0 0 0 0 Homestead State Mandated-Over 65 0 0 0 0 Homestead State Mandated-Disabled Person 0 0 0 0 Homestead Local Option-General 158,976,613 23,501,488 573 156,832,964 Homestead Local Option-Over 65 60,056,659 8,011,800 229 58,000,972 Homestead Local Option-Disabled Person 1,670,152 360,000 10 1,601,030 Solar&Wind Powered Devices 392,068 2 2 346,060 Pollution control 0 0 0 0 Community Housing Development 0 0 0 0 Abatements 0 0 0 0 Historic Sites 0 0 0 0 Foreign Trade Zone 0 0 0 0 Misc Personal Property(Vehicles, etc.) 0 0 0 0 Surviving Spouse of First Responder KLD 0 0 0 0 Transfer Base Value SS KIA Armed Service 0 0 0 0 Member Transfer Base Value SS of First Responder 0 0 0 0 KLD Total New Exemptions 33,600,260 866 New Construction Market New Value Counts Taxable All Real Estate 151,339,514 81,064,819 261 142,198,660 New business in new improvement 0 0 0 0 Total New Construction 151,339,514 81,064,819 261 142,198,660 New Construction in Residential 84,457,786 40,868,211 243 75,316,932 New Construction in Commercial 66,881,728 40,196,608 18 66,881,728 Market Appraised Counts Taxable Annexation 0 0 0 0 Deannexation 0 0 0 0 7/19/2018 9:25:15 AM Page 68 of 389 Tax Ceiling Market Taxable Counts Ceiling Amount Over65 1,208,029,220 731,902,843 5,179 3,135,469.00 Disable Person 52,502,058 30,348,000 258 129,651.00 Total Ceilings 1,260,531,278 762,250,843 5,437 3,265,120.00 New Over 65 Ceilings 62,044,649 0 240 0.00 New Disabled Person Ceilings 1,670,152 0 10 0.00 Capped Accounts Market Cap Loss Counts Appraised Cap Total 2,159,809,451 272,731,593 9,861 1,887,077,858 New Cap this Year 237,092,193 13,499,218 905 223,592,975 All Exemptions by Group Market Exempt Counts Appraised Residential 3,673,175,118 734,809,269 15,051 3,400,443,525 Commercial 430,693,942 430,066,708 588 430,693,942 Industrial 30,690,060 4,123,673 2 30,690,060 Mineral Lease 734,110 734,110 24,840 734,110 Agricultural 0 0 0 0 Exemption Total 11169,733,760 40,481 Market Exempt Counts Appraised Prorated Absolute 261,852 261,852 6 261,852 Multi-Prorated Absolute 0 0 3 261,852 Current Taxable Counts Appraised Value Loss-25.25(d) 0 0 0 Average Market Average Appraised Counts Average Taxable Averages for Value Single 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U II d A... �o 7 7 Mu IW �PI3 O I IIIIIIIII 7R av o a N t 8u�u r�o C QV w o N 11b T I;IJ fl r N�I�N a m d �) p t�}` 10 ll mllnl>IIIIIIII J g O p /M Entitles residential Graph Re ort :57:2 018 �` 2018 CITY OF N RICHLAND HILLS 2:57:28 PM Total Parcel Counts: 18,498 Average 237,021 Average 183,638 RAarkot NTV, MM Total Count 600,000 - Over--M 64 590,000 -599,999-1 9 580,000 -589,999-1 10 670,000 -579,999-111 22 660,000 -569,999-1111 22 650,000 -559,999-11111 23 540,000 -549,999-1 26 530,000 -539,999- 43 520,000 -529,999-IN 52 510,000 -519,999-1111111111 43 500,000 -509,999 11111111111111111 79 490,000 -499,999 11111111111111111 74 460,000 -489,999 11111IIIIIIIIII 90 470,000 -479,999 1111111 IIIIIIIIII 161 460,000 -469,999-111111111111111111111111 96 450,000 -459,999-1111111111111111111111111 103 440,000 -449,999-III IIIIIIIIIIIIIII 128 430,000 -439,999-IIIVIIIIVIIIIVIIIIVIIIIVIIIII 137 420,000 -429,999 110110110110110110110110110110 159 410,000 -419,999-101010101010101010101010101 159 400,000 -409,999- 166 390,000 -399,999- 158 380,000 -389,999-MMEM 191 370,000 -379,999-MMMM 227 360,000 -369,999-MMMMM 244 350,000 -359,999 111111111111111111111111111111111111111111111111111111111111 238 340,000 -349,999 111111111111111111111111111111111111111111111111111111111111111111111 269 330,000 -339,999 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111111111111111111IlI 257 0: 320,000 -329,999 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111111111111111111111111111 280 310,000 -319,999 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111111111111111111111111111111 289 7 300,000 309,999 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1111111111111111111IIIIIIIIIIIIIIII111111 332 290,000 299,999 111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 375 280,000 -289,999-1111111111111111 420 p 270,000 -279,999 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111111111111111111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111111111111524 o_ 260,000 -269,999 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111111111111111111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1111561 250,000 -259,999-I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1I1I111I1I1I1I1I1I1I1I1I1I1I1I1I1I1I1I1I1I1I1I1I1I1I1I1I1I1I1I1I1I1I1I1I1I1I1IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111111 638 240,000 -249,999-MEMEMMMEMMMINJIM 657 230,000 -239,999-MMMMEMMMMMMMMMMUM 720 220,000 -229,999 646 210,000 -219,999-101010101010101010101010101010101110101010101010101010101010101010111010101010101010101010101010101011101010101010101010101010101010[ 78s 200,000 -209,999- 1111111111111111�1111111111111111�1111111111111111�1111111111111111�11111111896 190,000 -199,999 iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillillillilillillillillillillillillillillil1illillillillillillilliillillillillillillillillilli1illillilljlllllllllllllllIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111928 180,000 -189,999 iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillillillilillillillillillillillillillillilVillillillillillillilliillillillillillillillillilliVillillillillillillillilliillillillillillillilliillVillillillilliillillilillillillillillilillillillillVillimim 170,000 -179,999- '.. 1035 160,000 -169,999-MEMEMOMEMOMMEEMMEM 736 150,000 -159,999-ONEEMENEEMEMEMMEMEEMM 877 140,000 -149,999- 1041 130,000 -139,999 iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillillillilillillillillillillillillillilliillillilillillillilillIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1694 120,000 -129,999 iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillillillilillillillillillillillillillilliillillillillillillilliillillilillillillllllllllllllll593 110,000 -119,999-IIIIIIIIIIIIII 11111111111111111 373 100,000 -109,999- IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111 275 90,000 -99,999-11111111111111111111111111111111111111 150 80,000 -89,999-11111111111111111111111111107 70,000 -79,999-1111111111111111111 78 60,000 -69,999-11011011148 50,000 -59,999-101010143 40,000 -49,999-1010 27 30,000 -39,999-1 25 20,000 -29,999- 15 10,000 -19,999- 4 0 -9,999- 7 0 200 400 600 800 1000 1200 Parcel Counts - Single Family Residence Only MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 10, 2018 SUBJECT: Consider Ordinance No. 3529, renewing an electric franchise agreement with Oncor Electric Delivery Company PRESENTER: Karen Bostic, Assistant City Manager SUMMARY: The electric franchise agreement between the City of North Richland Hills and Oncor Electric Delivery Company expired in July and needs to be renewed. GENERAL DESCRIPTION: North Richland Hills first entered into an electric franchise agreement with Texas Electric Service Company in July 1953. The original franchise was for a 50 year term with it expiring in 2003. However, in 1993 an amendment to the existing franchise was made adjusting the franchise fee from 2% to 4% and extending the original franchise agreement by 15 years, with a July 2018 expiration. The proposed franchise ordinance is for a 20 year term with expiration on December 31, 2038. It will automatically renew for an additional period of six (6) months from the expiration date and shall be automatically renewed thereafter for like periods until canceled by written notice given not less than sixty (60) days before the expiration of any renewal period. The agreement maintains the franchise fee at 4% of gross receipts to be paid to the city for the use of public rights-of-way. Over the years there has been a lot of discussion about who is responsible for paying the costs associated with relocating Oncor's facilities when needed for road construction, laying of utility lines, etc. Section 3 of the ordinance addresses this situation. City requested relocations of Oncor facilities in the public rights-of-way shall be at Oncor's expense. State law and city charter mandate that no franchise can be granted until it has been approved by a majority of the members elected to City Council, after having been read in full at two (2) regular meetings of the City Council. Reading the ordinance caption in its entirety meets the requirement of "read in full". The first reading and vote was during the August 27th City Council meeting. RECOMMENDATION: Approve Ordinance No. 3529. ORDINANCE NO. 3529 AN ORDINANCE GRANTING TO ONCOR ELECTRIC DELIVERY COMPANY LLC, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC POWER FRANCHISE TO USE THE PRESENT AND FUTURE STREETS, ALLEYS, HIGHWAYS, PUBLIC UTILITY EASEMENTS, PUBLIC WAYS AND PUBLIC PROPERTY OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, PROVIDING FOR COMPENSATION THEREFOR, PROVIDING FOR AN EFFECTIVE DATE AND A TERM OF SAID FRANCHISE, PROVIDING FOR WRITTEN ACCEPTANCE OF THIS FRANCHISE, PROVIDING FOR THE REPEAL OF ALL EXISTING FRANCHISE ORDINANCES TO ONCOR ELECTRIC DELIVERY COMPANY LLC, ITS PREDECESSORS AND ASSIGNS, AND FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. GRANT OF AUTHORITY: That there is hereby granted to Oncor Electric Delivery Company LLC, its successors and assigns (herein called "Company"), the right, privilege and franchise to construct, extend, maintain and operate in, along, under and across the present and future streets, alleys, highways, public utility easements, public ways and other public property (Public Rights-of-Way) of the City of North Richland Hills, Texas (herein called "City") electric power lines, with all necessary or desirable appurtenances (including underground conduits, poles, towers, wires, transmission lines, telephone and communication lines, and other structures for Company's own use), (herein called "Facilities") for the purpose of delivering electricity to the City, the inhabitants thereof, and persons, firms and corporations beyond the corporate limits thereof, for the term set out in Section 7. SECTION 2. Poles, towers and other structures shall be so erected as not to unreasonably interfere with traffic over streets, alleys and highways. SECTION 3. The City reserves the right to lay, and permit to be laid, storm, sewer, gas, water, wastewater and other pipe lines, cables, and conduits, or other improvements and to do and permit to be done any underground or overhead work that may be necessary or proper in, across, along, over, or under Public Rights-of-Way occupied by Company. The City also reserves the right to change in any manner any curb, sidewalk, highway, alley, public way, street, utility lines, storm sewers, drainage basins, drainage ditches, and the like. City shall provide Company with at least thirty (30) days' notice when requesting Company to relocate facilities and shall specify a new location for such facilities along the Public Rights-of-Way. Oncor Electric Delivery Company LLC/City of North Richland Hills Electric Franchise Page 1 Company shall, except in cases of emergency conditions or work incidental in nature, obtain a permit, if required by City ordinance, prior to performing work in the Public Rights-of-Way, except in no instance shall Company be required to pay fees or bonds related to its use of the Public Rights-of-Way, despite the City's enactment of any ordinance providing the contrary. Company shall construct its facilities in conformance with the applicable provisions of the National Electrical Safety Code. City-requested relocations of Company facilities in the Public Rights-of-Way shall be at the Company's expense; provided however, if the City is the end use Retail Customer (customer who purchases electric power or energy and ultimately consumes it) requesting the removal or relocation of Company Facilities for its own benefit, or the project requiring the relocation is solely aesthetic/beautification in nature, it will be at the total expense of the City. Provided further, if the relocation request includes, or is for, the Company to relocate above-ground facilities to an underground location, City shall be fully responsible for the additional cost of placing the facilities underground. If any other corporation or person (other than City) requests Company to relocate Company facilities located in City Rights-of-Ways, the Company shall not be bound to make such changes until such other corporation or person shall have undertaken, with good and sufficient bond, to reimburse the Company for any costs, loss, or expense which will be caused by, or arises out of such change, alteration, or relocation of Company's Facilities. City may not request the Company to pay for any relocation which has already been requested, and paid for, by any entity other than City. If City abandons any Public Rights-of-Way in which Company has facilities, such abandonment shall be conditioned on Company's right to maintain its use of the former Public Rights-of-Way and on the obligation of the party to whom the Public Rights-of-Way is abandoned to reimburse Company for all removal or relocation expenses if Company agrees to the removal or relocation of its facilities following abandonment of the Public Rights-of-Way. If the party to whom the Public Rights-of-Way is abandoned requests the Company to remove or relocate its facilities and Company agrees to such removal or relocation, such removal or relocation shall be done within a reasonable time at the expense of the party requesting the removal or relocation. If relocation cannot practically be made to another Public Rights-of-Way, the expense of any right- of-way acquisition shall be considered a relocation expense to be reimbursed by the party requesting the relocation. Oncor Electric Delivery Company LLC/City of North Richland Hills Electric Franchise Page 2 SECTION 4. A. In consideration of the granting of this Franchise, Company shall, at its sole cost and expense, indemnify and hold the City, and its past and present officers, agents and employees harmless against any and all liability arising from suits, actions or claims regarding injury or death to any person or persons, or damages to any property arising out of or occasioned by the intentional and/or negligent acts or omissions of Company or any of its officers, agents, or employees in connection with Company's construction, maintenance and operation of Company's system in the City Public Rights-of-Way, including any court costs, reasonable expenses and reasonable defenses thereof. B. This indemnity shall only apply to the extent that the loss, damage or injury is attributable to the negligence or wrongful act or omission of the Company or its officers, agents or employees, and does not apply to the extent such loss, damage or injury is attributable to the negligence or wrongful act or omission of the City or the City's officers, agents, or employees or any other person or entity. This provision is not intended to create a cause of action or liability for the benefit of third parties but is solely for the benefit of Company and the City. C. In the event of joint and concurrent negligence or fault of both Company and the City, responsibility and indemnity, if any, shall be apportioned comparatively between the City and Company in accordance with the laws of the state of Texas without, however, waiving any governmental immunity available to the City under Texas law and without waiving any of the defenses of the parties under Texas law. Further, in the event of joint and concurrent negligence or fault of both Company and the City, responsibility for all costs of defense shall be apportioned between the City and Company based upon the comparative fault of each. D. In fulfilling its obligation to defend and indemnify City, Company shall have the right to select defense counsel, subject to City's approval, which will not be unreasonably withheld. Company shall retain defense counsel within seven (7) business days of City's written notice that City is invoking its right to indemnification under this franchise. If Company fails to retain counsel within such time period, City shall have the right to retain defense counsel on its own behalf, and Company shall be liable for all reasonable defense costs incurred by City, except as otherwise provided in section 4.13 and 4.C. Oncor Electric Delivery Company LLC/City of North Richland Hills Electric Franchise Page 3 SECTION 5. This franchise is not exclusive, and nothing herein contained shall be construed so as to prevent the City from granting other like or similar rights, privileges and franchises to any other person, firm, or corporation. Any Franchise granted by the City to any other person, firm, or corporation shall not unreasonably interfere with this Franchise. SECTION 6. In consideration of the grant of said right, privilege and franchise by the City and as full payment for the right, privilege and franchise of using and occupying the said Public Rights-of-Way, and in lieu of any and all occupation taxes, assessments, municipal charges, fees, easement taxes, franchise taxes, license, permit and inspection fees or charges, street taxes, bonds, street or alley rentals, and all other taxes, charges, levies, fees and rentals of whatsoever kind and character which the City may impose or hereafter be authorized or empowered to levy and collect, excepting only the usual general or special ad valorem taxes which the City is authorized to levy and impose upon real and personal property, sales and use taxes, and special assessments for public improvements, Company shall pay to the City the following: A. As authorized by Section 33.008(b) of PURA, the original franchise fee factor calculated for the City in 2002 was 0.002837 (the "Base Factor"), multiplied by each kilowatt hour of electricity delivered by Company to each retail customer whose consuming facility's point of delivery is located within the City's municipal boundaries for determining franchise payments going forward. Due to a 2006 agreement between Company and City the franchise fee factor was increased to a franchise fee factor of 0.002979 (the "Current Factor"), multiplied by each kilowatt hour of electricity delivered by Company to each retail customer whose consuming facility's point of delivery is located within the City's municipal boundaries on an annual basis. However, consistent with the 2006 agreement, should the Public Utility Commission of Texas at any time disallow Company's recovery through rates of the higher franchise payments made under the Current Factor as compared to the Base Factor, then the franchise fee factor shall immediately revert to the Base Factor of 0.002837 and all future payments, irrespective of the time period that is covered by the payment, will be Oncor Electric Delivery Company LLC/City of North Richland Hills Electric Franchise Page 4 made using the Base Factor. 1. The annual payment will be due and payable on or before March 15 of each year throughout the life of this franchise. The payment will be based on each kilowatt hour of electricity delivered by Company to each retail customer whose consuming facility's point of delivery is located within the City's municipal boundaries during the preceding twelve month period ended December 31 (January 1 through December 31). The payment will be for the rights and privileges granted hereunder for the twelve calendar month period (January 1 through December 31) the year in which the payment is made. 2. The first payment hereunder shall be due and payable on or before March 15, 2019 and will cover the basis period of January 1, 2018 through December 31, 2018 for the privilege period of January 1, 2019 through December 31, 2019. The final payment under this franchise is due on or before March 15, 2038 and covers the basis period of January 1, 2037 through December 31, 2037 for the privilege period of January 1, 2038 through December 31, 2038; and 3. After the final payment date of March 15, 2038, Company may continue to make additional annual payments in accordance with the above schedule. City acknowledges that such continued payments will correspond to privilege periods that extend beyond the term of this Franchise and that such continued payments will be recognized in any subsequent franchise as full payment for the relevant annual periods. B. A sum equal to four percent (4%) of gross revenues received by Company from services identified as DD1 through DD24 in Section 6.1.2 "Discretionary Service Charges," in Oncor's Tariff for Retail Delivery Service (Tariff), effective 1/1/2002, that are for the account and benefit of an end-use retail electric consumer. Company will, upon request by City, provide a cross reference to Discretionary Service Charge numbering changes that are contained in Company's current approved Tariff. 1. The franchise fee amounts based on "Discretionary Service Charges" shall be calculated on an annual calendar year basis, i.e. from January 1 through December 31 of each calendar year. 2. The franchise fee amounts that are due based on "Discretionary Service Charges" Oncor Electric Delivery Company LLC/City of North Richland Hills Electric Franchise Page 5 shall be paid at least once annually on or before April 30 each year based on the total "Discretionary Service Charges", as set out in Section 6B, received during the preceding calendar year. The initial Discretionary Service Charge franchise fee amount will be paid on or before April, 30 2019 and will be based on the calendar year January 1, 2018 through December 31, 2018. The final Discretionary Service Charge franchise fee amount will be paid on or before April 30, 2039 and will be based on the calendar year of January 1, 2038 through December 31, 2038. 3. Company may file a tariff or tariff amendment(s) to provide for the recovery of the franchise fee on Discretionary Service Charges. 4. City agrees (i) to the extent the City acts as regulatory authority, to adopt and approve that portion of any tariff which provides for 100% recovery of the franchise fee on Discretionary Service Charges; (ii) in the event the City intervenes in any regulatory proceeding before a federal or state agency in which the recovery of the franchise fees on such Discretionary Service Charges is an issue, the City will take an affirmative position supporting the 100% recovery of such franchise fees by Company and; (iii) in the event of an appeal of any such regulatory proceeding in which the City has intervened, the City will take an affirmative position in any such appeals in support of the 100% recovery of such franchise fees by Company. 5. City agrees that it will take no action, nor cause any other person or entity to take any action, to prohibit the recovery of such franchise fees by Company. 6. In the event of a regulatory disallowance of the recovery of the franchise fees on the Discretionary Service Charges, Company will not be required to continue payment of such franchise fees. SECTION 7. This Ordinance shall become effective upon Company's written acceptance hereof by City, said written acceptance to be filed by Company with the City within sixty (60) days after final passage and approval hereof. The right, privilege and franchise granted hereby shall expire on December 31, 2038; provided that, unless written notice of cancelation is given by either party hereto to the other not less than sixty (60) days before the expiration of this franchise agreement, it shall be automatically renewed for an additional period of six (6) months from such expiration date and shall be automatically renewed thereafter for like periods until canceled by written notice given not less than sixty (60) days before the expiration of any such renewal period. Oncor Electric Delivery Company LLC/City of North Richland Hills Electric Franchise Page 6 SECTION 8. This Ordinance shall supersede any and all other franchises granted by the City to Company, its predecessors and assigns. SECTION 9. The sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable. If any portion of this Ordinance is declared illegal or unconstitutional by the valid final non-appealable judgment or decree of any court of competent jurisdiction, such illegality or unconstitutionality shall not affect the legality and enforceability of any of the remaining portions of this Ordinance. SECTION 10. In order to accept this franchise, Company must file with the City Secretary its written acceptance of this franchise ordinance within sixty (60) days after its final passage and approval by City. SECTION 11. It is hereby officially found that the meeting at which this Ordinance is passed is open to the public and that due notice of this meeting was posted by City, all as required by law. PASSED AND APPROVED on the 1st reading at a regular meeting of the City Council of North Richland Hills, Texas, on this the day of 2018. PASSED AND APPROVED on the 2"d and final at a regular meeting of the City Council of North Richland Hills, Texas, on this the day of 2018. Mayor The City of North Richland Hills ATTEST: City Secretary Oncor Electric Delivery Company LLC/City of North Richland Hills Electric Franchise Page 7 STATE OF TEXAS § COUNTY OF TARRANT § CITY OF NORTH RICHLAND HILLS § Oncor Electric Delivery Company LLC/City of North Richland Hills Electric Franchise Page 8 MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 10, 2018 SUBJECT: Announcements PRESENTER: GENERAL DESCRIPTION: At each Council meeting a member of the governing body announces upcoming events in the City and recognizes an employee that exemplifies the City's core values. Announcements: Join hundreds of volunteers to beautify North Richland Hills on Saturday, September 29 at the annual Trash Bash Litter Cleanup event. The cleanup will take place from 9:00 a.m. to 11:30 a.m. and will be followed by a volunteer appreciation picnic. Visit our website to sign up and get more information. "National Night Out" is coming up on Tuesday, October 2. This is a day set aside for residents to get outside, meet their neighbors, and pledge support against criminal activity. If you are organizing a neighborhood block party for National Night Out and would like representatives from the Police and Fire Departments and City Council to attend, please register your event by September 19. North Richland Hills photographers of all ages are invited to enter their best images for the Keep NRH Beautiful Photo Contest. Entry categories include: environment; architecture; and culture and community. The entry deadline is October 1. Get the contest rules and entry details on our website. Kudos Korner: Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize: Staff and Volunteers at the Animal Adoption & Rescue Center - Several citizens expressed their appreciation for the recent Clear the Shelters event. The Animal Adoption & Rescue Center adopted out 62 pets during the one-day event on August 18. Several families posted photos online of the pets in their new homes and said they were happy to be part of such a wonderful event.